Appeal No. 1999-0700 Page 18
Application No. 08/590,580
This decision contains a new ground of rejection pursuant to 37 CFR § 1.196(b) and a
remand pursuant to 37 CFR § 1.196(e).
37 CFR § 1.196(b) provides, "A new ground of rejection shall not be considered final
for purposes of judicial review."
37 CFR § 1.196(e) provides that
Whenever a decision of the Board of Patent Appeals and Interferences includes or
allows a remand, that decision shall not be considered a final decision. When
appropriate, upon conclusion of proceedings on remand before the examiner, the Board
of Patent Appeals and Interferences may enter an order otherwise making its decision
final.
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. . . .
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