Ex parte GORMLEY et al. - Page 11




              Appeal No.  1997-2801                                                                                    
              Application 08/364,072                                                                                   


                                                      Summary                                                          
                     The obviousness rejection is reversed and the double patenting rejection is moot.                 
              We have entered two new grounds of rejection of claims 1-8 under the provisions of 37                    
              CFR § 1.196(b).                                                                                          
                                             Time Period For Response                                                  
                     This decision contains a new ground of rejection pursuant to 37 CFR § 1.196(b)                    
              (amended effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct.                 
              10, 1997), 1203 Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)).  37 CFR §                    
              1.196(b) provides that, “A new ground of rejection shall not be considered final for                     
              purposes of judicial review.”                                                                            
                     37 CFR § 1.196(b) also provides that the appellants, WITHIN TWO MONTHS                            
              FROM THE DATE OF THE DECISION, must exercise one of the following two options with                       
              respect to the new ground 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. . . .                             




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