Appeal No. 1999-1899 Page 18
Application No. 08/932,090
together with Gueyrard is affirmed, with the affirmance
constituting a new ground of rejection under 37 CFR '
1.196(b), and claim 3 is rejected under 35 U.S.C. § 102(b),
the rejection being a new ground of rejection under 37 CFR '
1.196(b).
This decision contains new grounds 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."
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
grounds 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
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