Ex parte ESMON et al. - Page 10




                    Appeal No. 1997-3951                                                                                                   
                    Application 08/238,987                                                                                                 



                            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. . . .                                                                                                  
                            No time period for taking any subsequent action in connection with this                                        
                    appeal may be extended under 37 CFR § 1.136(a).                                                                        
                                                              REVERSED                                                                     
                                                          37 CFR § 1.196(b)                                                                







                                            William F. Smith                 )                                                             
                                            Administrative Patent Judge   )                                                                
                                                                             )                                                             
                                                                             )                                                             
                                                                             ) BOARD OF PATENT                                             

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