Ex Parte KENNEDY et al - Page 9




          Appeal No. 1997-2234                                                        
          Application 08/254,345                                                      


               37 CFR  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:                                                        
                    (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. . . .                              
                              REVERSED, 37 CFR 1.196(b)                               



                         JOHN D. SMITH                 )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         CHARLES F. WARREN             )  BOARD OF PATENT             
                         Administrative Patent Judge   )  APPEALS AND                 
                                                      )  INTERFERENCES               
                                                      )                              
                                                      )                              
                         ROMULO H. DELMENDO            )                              
                         Administrative Patent Judge   )                              







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