Ex parte KANEKO et al. - Page 23



          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.                                                      



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