Appeal No. 1997-3376
Application No. 08/176,187
Other Issue(s)
The present application does not contain an abstract of the
disclosure, as required by 37 CFR § 1.72(b). We trust that the
examiner and appellants will attend to this matter prior to an
allowance of this application.
Time for taking action
This decision contains a new ground of rejection pursuant to
37 CFR § 1.196(b). 37 CFR § 1.196(b) provides that “[a] new
ground of rejection shall not be considered final for the
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 (37 CFR § 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 recon-
sidered by the examiner, in which event the application
will be remanded to the examiner. . . .
(2) Request that the application be reheard under
37 CFR § 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
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