Ex parte KODAMA et al. - Page 9




          Appeal No. 95-4857                                                          
          Application 08/101,000                                                      



                    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                    
          grounds 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 appli-                        
                    cation 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. . . .                                                
                    No time period for taking any subsequent action in                
          con- nection with this appeal may be extended under 37 CFR §                
          1.136(a).                                                                   
                             REVERSED  37 CFR § 1.196(b)                              





                         IAN A. CALVERT               )                               
                         Administrative Patent Judge  )                               
                                                       )                              
                                                       )                              
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