Ex parte AINSLIE et al. - Page 13




          Appeal No. 1996-2991                                                         
          Application 08/302,931                                                       


          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 application,                    
          abandonment or a second appeal, this case should be returned                 
          to the Board of Patent Appeals and Interferences for final                   
          action on the affirmed rejection, including any timely request               
          for reconsideration thereof.                                                 
                                          13                                           





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007