Ex parte TAKIZAWA - Page 12




              Appeal No. 1999-1504                                                                     Page 12                
              Application No. 08/787,262                                                                                      


              under the first paragraph of 35 U.S.C.  112 is entered pursuant to the provisions of 37 CFR                    
               1.196(b).                                                                                                     
                      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. 53131, 53197 (Oct. 10, 1997), 1203 Off. Gaz. Pat.                      
              Office 63, 122 (Oct. 21, 1997)).  37 CFR   1.196(b) provides, "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 (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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