Ex parte HEINDEL et al. - Page 13




          Appeal No. 2000-2185                                       Page 13           
          Application No. 08/834,777                                                   


          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 appellants 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 appellants elect 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 any timely request               
          for rehearing thereof.                                                       








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007