Appeal No. 2001-1196
Application No. 09/139,155
Regarding any affirmed rejection, 37 C.F.R. § 1.197(b)
provides:
(b) Appellants may file a single request for rehearing
within two months from the date of the original
decision . . . .
37 C.F.R. § 1.196(b) also provides that the appellants,
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 (37 C.F.R.
§ 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 appellants elect to prosecute further before the
Primary Examiner pursuant to 37 C.F.R. § 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 appellants elect prosecution before the examiner and
this does not result in allowance of the application, abandonment
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