Appeal No. 1997-3643
Application No. 08/484,047
1.196(b)
We have carefully considered all of the arguments advanced by appellants and the examiner
and agree with appellants that the rejection under 35 U.S.C. § 103, is not well founded. Accordingly,
we reverse this rejection. Yet, based upon a review of the claims, a new ground of rejection has been
stated against the appealed claims under the second paragraph of 35 U.S.C. § 112.
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 purposes of
judicial review."
37 CFR § 1.196(b) also provides that the appellant, 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 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).
CHUNG K. PAK )
Administrative Patent Judge )
)
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