Ex parte LAURASH et al. - Page 15




          Appeal No. 1999-2063                                                        
          Application No. 08/744,432                                                  


           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 (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 37 CFR  1.197(b) by the Board of Patent                         
               Appeals and Interferences upon the same record. . .                    
               .                                                                      

               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          1.136(a).                                                                   
                            REVERSED; 37 CFR  1.196(b)                               





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