Appeal No. 1997-2041
Application No. 08/337,131
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 (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 37 CFR § 1.197(b) by the Board of Patent
Appeals and Interferences upon the same record.
. . .
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