Appeal No. 1999-2379
Application 08/716,061
the new 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 the Appellant 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 the Appellant elects 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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