Appeal No. 2000-0119
Application 08/785,711
In addition, U.S. Patent No. 4,764,357 to Sherif et al. discloses
micro-“explosive” chemical deagglomeration (MED) of sol-gel
derived metal oxides, such as alumina, baria, silica, and
mixtures thereof, by explosive expansion fragmentation of such
porous materials without the use of chemical reactions.
This decision contains a new ground of rejection
pursuant to 37 CFR § 1.196(b). 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 ground
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. . . .
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