Appeal No. 1999-2058 Application 08/433,643 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. . . . 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. - 23 -Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: November 3, 2007