Appeal No. 2004-0804
Application No. 09/757,886
Regarding any affirmed rejection, 37 CFR § 1.197(b)
(2003)(effective Dec. 1, 1997) provides:
(b) Appellant 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
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,
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