Ex Parte KADOMURA et al - Page 14



          Appeal No. 2002-1401                                                        
          Application No. 09/187/226                                                  
               Regarding any affirmed rejection, 37 CFR § 1.197(b)                    
          provides:                                                                   
               (b) Appellants may file a single request for                           
          rehearing within two months from the date of the                            
          original decision ...                                                       
               37 CFR § 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 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 appellants 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 appellants elect 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            
                                       Page 14                                        





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