Appeal No. 96-2651
Application 08/201,479
that the application be remanded to the examiner for
consideration of the additional facts presented in the
supplemental declaration regarding commercial success.
Appellant’s request lacks express conformity with the
mandatory election of one of the two options set forth in the
decision.
Nevertheless, and particularly in light of appellant’s
submission of a Supplemental Declaration with additional facts
regarding commercial success, we consider appellant’s request,
inclusive of argument contesting the new rejections (request,
pages 2 through 4), as an election of option (1) to have the
matter of the new rejections reconsidered by the examiner.
In conclusion, as indicated above, we understand the
overall content of the request as an election of option (1) of
37 CFR 1.196(b). Accordingly, the request for rehearing
before this panel of the board is DENIED, and the application
is REMANDED to the examiner for consideration of the content
of the request.
DENIED and REMANDED
BRUCE H. STONER, JR. )
Chief Administrative Patent Judge )
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