Ex parte KLOSE - Page 15




          Appeal No. 95-2441                                                          
          Application 07/987,211                                                      
               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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