Ex parte BRIGHT - Page 14




          Appeal No. 1998-0483                                                        
          Application No. 08/543,840                                                  




          103 is reversed; and the decision of the examiner to reject                 
          claims 7 through 9 under 35 U.S.C.      103 is affirmed.                   
               In addition to affirming the examiner's rejection of one               
          or more claims, 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."                                               
               Regarding any affirmed rejection, 37 CFR  1.197(b)                    
          provides:                                                                   
               (b) Appellant may file a single request for rehearing                  
               within two months from the date of the original                        
               decision....                                                           
               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               

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