Ex parte JOHNSON et al. - Page 12


                Appeal No. 97-2914                                                                                                         
                Application No. 08/448,060                                                                                                 

                purposes of judicial review.@                                                                                              




                        37 C.F.R. ' 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 tot he 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 B 37 C.F.R. ' 1.196(b)                                                          





                                        MARY F. DOWNEY                                  )                                                 
                                        Administrative Patent Judge                      )                                                 
                                                                                         )                                                 
                                                                                         )                                                 
                                                                                         ) BOARD OF PATENT                                 
                                        WILLIAM F. SMITH                                )                                                 
                                        Administrative Patent Judge                      )   APPEALS AND                                   
                                                                                         )                                                 
                                                                                         ) INTERFERENCES                                   
                                                                                         )                                                 
                                        HUBERT C. LORIN                                 )                                                 
                                        Administrative Patent Judge                      )                                                 

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