Appeal No. 1997-3116
Application 08/294,953
37 CFR ' 1.196(b) also provides that 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 appellant 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.
If appellant elects prosecution before the examiner and this does not
result in allowance of the application, abandonment or a second appeal, this
case should be returned to the Board of Patent Appeals and Interferences for
final action on the affirmed rejection, including a ny timely request for rehearing
thereof.
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