Ex parte PAULETT - Page 9




                Appeal No. 95-1112                                                                                                       
                Application 07/969,121                                                                                                   


                        37 CFR § 1.196(b) also provides that the appellants, WITHOUT 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 . . . .                                                                   

                        No time period for taking any subsequent action in connection with this appeal may be extended                   

                under 37 CFR 1.136(a).                                                                                                   


                                                             AFFIRMED                                                                    
                                                           37 CFR 1.196(b)                                                               



                                 EDWARD C. KIMLIN                               )                                                        
                                Administrative Patent Judge                    )                                                        
                                                                                )                                                        
                                                                                )       BOARD OF PATENT                                  
                                                                                )       APPEALS  AND                                     
                                 JOHN D. SMITH                                  )       INTERFERENCES                                    
                                 Administrative Patent Judge                    )                                                        
                                                                                )                                                        
                                                                                )                                                        
                                                                                )                                                        
                                 CAMERON WEIFFENBACH                            )                                                        
                                 Administrative Patent Judge                    )                                                        

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