Ex parte KOMATSU - Page 13




            Appeal No. 1997-4033                                                                         
            Application No. 08/589,584                                                                   

                  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 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                                      
            ( 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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