Ex Parte HEINEN - Page 8



          Appeal No. 2000-0158                                                        
          Application No. 08/782,872                                                  

          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 . . . .                             











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