Ex parte BECHER et al. - Page 15




              Appeal No. 1997-2336                                                                                          
              Application No. 08/256,065                                                                                    
                     Regarding any affirmed rejection, 37 CFR § 1.197(b) provides:                                          
                     (b) Appellants may file a single request for rehearing within two months from                          
                     the date of the original decision . . . .                                                              
                     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 § 1.197(b) by the                            
                     Board of Patent Appeals and Interferences upon the same record. . . .                                  
                     Should the appellants elect to prosecute further before the Primary Examiner                           
              pursuant to 37 CFR § 1.196(b)(1), in order to preserve the right to seek review under                         
              35 U.S.C. §§ 141 or 145 with respect to the affirmed rejection, the effective date of the                     








              affirmance is deferred until conclusion of the prosecution before the examiner unless, as a                   
              mere incident to the limited prosecution, the affirmed rejection is overcome.                                 



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