Appeal No. 95-4691
Application 08/021,652
Conclusion
For the foregoing reasons, the examiner’s rejections of claims 1-17 under 35 U.S.C. §§ 103 and
112 are reversed, and claims 1-17 are subject to a new ground of rejection under 37 CFR
§ 1.196(b).
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. . . .
Should the appellants elect to prosecute further before the Primary Examiner pursuant to
37 CFR § 1.196(b)(1), in order to preserve the right to seek review under 35 U.S.C. §§ 141 or 145 with
respect to the affirmed rejection, the effective date of the affirmance is deferred until conclusion of the
prosecution before the examiner unless, as a mere incident to the limited prosecution, the affirmed rejection
is overcome.
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