Appeal No. 1996-0858 Page 16
Application No. 08/117,648
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 Appeals
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 - 37 CFR § 1.196 (b)
JOHN D. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
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