Ex parte TEXTER et al. - Page 12




            Appeal No. 1996-3955                                                                              
            Application 08/170,601                                                                            


                   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. . . .                                                  
                   No time period for taking any subsequent action in                                         
            connection with this appeal may be extended under 37 CFR                                          
             1.136(a).                                                                                       
                                     REVERSED, 37 CFR  1.196(b)                                              






                                JOHN D. SMITH                          )                                      
                                Administrative Patent Judge            )                                      
                                                                      )                                      
                                                                      )                                      
                                                                      )                                      
                                TERRY J. OWENS                               )  BOARD OF                      
            PATENT                                                                                            
                                                    -12-12                                                    





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