Ex parte BEN-BASSAT et al. - Page 26





                Appeal No. 1996-2123                                                                                                          
                Application No. 08/069,458                                                                                                    




                         37 C.F.R. ' 1.196(b) also provides that the appellants, 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:                               
                                         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.                                          
                                         Request that the application be reheard under ' 1.197(b) by the                                      
                                             Board of Patent Appeals and Interferences upon the same                                          
                                             record.                                                                                          
                         No time period for taking any subsequent action in connection with this appeal may be extended                       
                under 37 C.F.R. ' 1.136(a).                                                                                                   


                 REVERSED-IN-PART, REMANDED-IN-PART, VACATED-IN-PART, AND 37 C.F.R. ' 1.196(b)                                                

                                                                                           )                                                  
                                                          WILLIAM F. SMITH                 )                                                  
                                                          Administrative Patent Judge      )                                                  
                                                                                           )                                                  
                                                                                           )                                                  
                                                                                           )                                                  
                                                          CAROL A. SPIEGEL                 ) BOARD OF PATENT                                  
                                                          Administrative Patent Judge      )   APPEALS AND                                    
                                                                                           ) INTERFERENCES                                    
                                                                                           )                                                  
                                                                                           )                                                  
                                                          DONALD E. ADAMS                  )                                                  
                                                          Administrative Patent Judge      )                                                  








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