Ex Parte JAFFE - Page 5


            Appeal No. 2002-0444                                                 Page 5                    
            Application No. 09/086,138                                                                        

                   37 CFR § 1.196(b) also provides that the appellant, WITHIN 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 period for taking any subsequent action in connection with this appeal             
            may be extended under 37 CFR § 1.136(a).                                                          

                                        VACATED; 37 CFR § 1.196(b)                                            




                                                                       )                                      
                                William F. Smith                      )                                      
                                Administrative Patent Judge            )                                      
                                                                       )                                      
                                                                       )                                      
                                                                       ) BOARD OF PATENT                      
                                Donald E. Adams                       )                                      
                                Administrative Patent Judge            )   APPEALS AND                        
                                                                       )                                      
                                                                       ) INTERFERENCES                        
                                                                       )                                      
                                Demetra J. Mills                      )                                      
                                Administrative Patent Judge            )                                      










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