Ex Parte TAKEGAMI et al - Page 7




            Appeal No. 1997-4188                                                                        
            Application No. 08/373,528                                                                  


                  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."                                          
                  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 (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                                     
                  § 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).                                                                                 






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