Appeal No. 2000-0431 Page 21
Application No. 08/789,127
the rejection of these claims under § 103(a) as obvious is
reversed.
Our opinion contains a new ground of rejection under
37 C.F.R. § 1.196(b), as amended at 62 Fed. Reg. 53131, 53197
(Oct. 10, 1997). Section 1.196(b) provides that "[a] new ground
of rejection shall not be considered final for purposes of
judicial review." It also includes the following provisions.
The appellant, withing 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
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 for taking any action connected with this appeal may
be extended under 37 C.F.R. § 1.136(a).
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