Ex parte HATTORI - Page 9




               Appeal No. 1999-1721                                                                           Page 9                 
               Application No. 08/734,125                                                                                            


                       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. . . .                                               
                       Should the appellant elect to prosecute further before the Primary Examiner pursuant to                       
               37 CFR  1.196(b)(1), in order to preserve the right to seek review under 35 U.S.C.  141                            
               or 145 with respect to the affirmed rejection, the effective date of the affirmance is deferred                       









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