Appeal No. 1997-2660 Page 15
Application No. 08/224,407
37 CFR § 1.196(b) as amended at 62 Fed. Reg. 53131, 53197
(Oct. 10, 1997). Section § 1.196(b) provides that "[a] new
ground of rejection shall not be considered final for purposes
of judicial review." It also includes the following
provisions.
The appellant, withing two months from the date
of the decision, must exercise one of the following
two options with respect to the new grounds of
rejection to avoid termination of proceedings
(§ 1.197(c)) as to the rejected claims:
(1) Submit an appropriate amendment of the
claims so rejected or a showing of facts relating to
the claims so rejected, or both, and have the matter
reconsidered by the examiner, in which event the
application will be remanded to the examiner ....
(2) Request that the application be reheard
under § 1.197(b) by the Board of Patent Appeals and
Interferences upon the same record ....
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
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