Ex parte GAGNON - Page 12




                   Appeal No. 1999-0434                                                                                                                             
                   Application No. 08/664,257                                                                                                                       

                            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 claim:                                                                                                           
                            (1) Submit an appropriate amendment of the claim so rejected or a showing                                                               
                            of facts relating to the claim 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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