Appeal No. 1997-2639
Application No. 08/237,129
CONCLUSION
The rejection of claims 14-20, 23 and 24 is reversed. The rejection of claims 21-
22 under 35 U.S.C. § 102/103 is vacated and a new ground of rejection of claims 21-24
under § 1.196(b) is made.
TIME PERIOD FOR RESPONSE
This decision contains a new ground of rejection pursuant to 37 CFR § 1.196(b).
37 CFR § 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 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 (§ 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. . . .
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