Ex parte MATSUMOTO et al. - Page 12




                Appeal No. 96-3717                                                                                                         
                Application 08/229,115                                                                                                     

                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. . . .                                                              

                        The decision of the examiner is affirmed-in-part and this application is being remanded to the                     

                examiner for further consideration consistent with this decision.                                                          























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