Ex parte HOCHMUTH - Page 12




          Appeal No. 98-1310                                                          
          Application 08/368,685                                                      



          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 appellant 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 appellant elects 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                  
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