Appeal No. 2002-1672
Application No. 09/412,124
19, 20, and 22, and the 35 U.S.C. § 103(a) rejections of claims
1-7, 12-14, 17-20, and 22. We have also entered a new ground of
rejection against claim 1 under 37 CFR § 1.196(b).
As indicated supra, this decision contains a new ground of
rejection pursuant to 37 CFR § 1.196(b)(amended effective Dec. 1,
1997, by final rule notice, 62 Fed. Reg. 53131, 53197 (Oct. 10,
1997), 1203 Off. Gaz. Pat. 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 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. . . .
(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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