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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