Ex parte YOUTCHEFF et al. - Page 13




          Appeal No. 98-1032                                                          
          Application 08/620,658                                                      


          ground of rejection shall not be considered final for purposes              
          of judicial review.”                                                        
               Regarding any affirmed rejection, 37 CFR § 1.197(b)                    
          provides:                                                                   
               (b) Appellant may file a single request for                            
               rehearing within two months from the date of the                       
               original decision . . . .                                              
               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 (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               
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