Appeal No. 1997-3166
Application No. 08/509,638
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 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 claim:
(1) Submit an appropriate amendment of the claim so rejected or a showing of facts
relating to the claim 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).
AFFIRMED-IN-PART -- 37 CFR 1.196(b)
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