Ex parte BRISSETTE et al. - Page 20




          Appeal No. 1999-1499                                                        
          Application No. 08/764,736                                                  


          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. . . .                              

               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
















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