Ex parte BERENDS et al. - Page 10




          Appeal No. 1999-0195                                                        
          Application 08/507,424                                                      


          and 16 have been entered.                                                   




               In addition, this decision is remanded to the examiner                 
          for consideration of the patentability of claims 2-8 in light               
          of our new ground of rejection of claim 1.                                  
               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 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 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                       

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