Ex parte TETHER et al. - Page 16




          Appeal No. 97-0608                                                          
          Application 08/287,143                                                      



                    37 CFR § 1.196(b) also provides that the appellant,               
          WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must exer-                 
          cise one of the following two options with respect to the new               
          grounds 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. . . .                                               



                    No time period for taking any subsequent action in                
          con-nection with this appeal may be extended under 37 CFR §                 
          1.136(a).                                                                   








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