Ex parte KATO et al. - Page 12




          Appeal No. 1997-2917                                                        
          Application No. 08/351,697                                                  


               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 . . . .                                                    


















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