Ex Parte DEMARCO et al - Page 13




          Appeal No. 2001-1898                                                        
          Application No. 08/835,945                                                  


          and reversed as to claims 48, 50, 51, 53 and 56; and to reject              
          claims 57 and 59 to 62 under § 103(a) is reversed.  Claims 57               
          and 59 to 62 are rejected pursuant to 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. 53,131, 53,197 (Oct. 10, 1997),             
          1203 Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)).            
          37 CFR § 1.196(b) provides that “[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 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. . . .                                        

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