Ex parte FINK - Page 12




          Appeal No. 1999-2832                                        Page 12           
          Application No. 08/816,559                                                    


               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                       
          (§ 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. . . .                                



























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