Appeal No. 2003-1263
Application No. 09/068,999
DECISION
The decision of the examiner rejecting claims 2, 4, 5, 15 and
21 under 35 U.S.C. § 102(e) is reversed.
This decision contains a new ground of rejection pursuant to
37 CFR § 1.196(b). 37 CFR § 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 appellants, 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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