Ex Parte MECHE - Page 9



           Appeal No. 2002-2000                                                                   
           Application No. 08/933,911                                                             

                 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 Appeal and Interferences upon the same                          
           record....                                                                             
                 No time period for taking any subsequent action in connection                    
           with this appeal may be extended under 37 CFR § 1.136(a).                              
                                         REVERSED;(196b)                                          


                            JAMES D. THOMAS                    )                                  
                            Administrative Patent Judge        )                                  
                                                               )                                  
                                                               )                                  
                                                               )                                  
                                                               ) BOARD OF PATENT                  
                            MICHAEL R. FLEMING                 )     APPEALS                      
                            Administrative Patent Judge        )       AND                        
                                                               )  INTERFERENCES                   
                                                               )                                  
                                                               )                                  
                                                               )                                  
                            ERROL A. KRASS                     )                                  
                            Administrative Patent Judge        )                                  
           JDT/lp                                                                                 
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