Appeal No. 2000-0293 Page 11
Application No. 08/766,862
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. . . .
The effective date of the affirmance is deferred until
conclusion of the proceedings before the examiner unless, as a mere
incident to the limited proceedings, the affirmed rejection is
overcome. If the proceedings before the examiner do 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 filed request for rehearing thereof.
No time period for taking any subsequent action in connection
with this appeal may be extended under 37 CFR § 1.136(a).
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