Ex parte FLEISCHLI et al. - Page 21




          Appeal No. 1997-0863                                                        
          Application 08/456,001                                                      


          that relied upon by the examiner in the final rejection and                 
          the answer.                                                                 


               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, “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                 



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