Ex Parte DAMIEN - Page 14



          Appeal No. 2000-0330                                      Page 14           
          Application No. 08/684,871                                                  

          purposes of judicial review."  It also includes the following               
          provisions.                                                                 
                    [T]he appellant, withing 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 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. . . .                              

                    No time for taking any action in connected with this              
          appeal may be extended under 37 C.F.R. § 1.136(a).                          


















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