Appeal No. 1999-0674
Application No. 08/654,536
to the provisions of 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). 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) Appellants 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 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. . . .
Should the appellant elect to prosecute further before the Primary Examiner pursuant to
37 CFR § 1.196(b)(1), in order to preserve the right to seek review under 35 U.S.C. §§
141 or 145 with respect to the affirmed rejection, the effective date of the affirmance is deferred
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