Ex Parte LANDINGHAM - Page 18




          Appeal No. 2000-0920                                                        
          Application No. 08/829,034                                                  


          the following two options with respect to 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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