Appeal No. 96-3842
Application 08/489,696
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. . . .
Should the appellants elect to prosecute further
before the Primary Examiner pursuant to 37 CFR § 1.196(b)(1),
in order to preserve the right to seek review under 35 U.S.C.
§§ 141
or 145 with respect to the affirmed rejection, the effective
date of the affirmance is deferred until conclusion of the
prosecution before the examiner unless, as a mere incident to
the limited prosecution, the affirmed rejection is overcome.
If the appellants elect prosecution before the
examiner and this does not result in allowance of the
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