Ex parte WALKER - Page 10




               Appeal No. 2000-0528                                                                                              
               Application No. 09/209,702                                                                                        




                      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 (§ 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. . . .                                            






















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