Appeal No. 93-3228
Application 07/796,023
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. . . .
37 CFR § 1.196(c) provides:
Should the decision of the Board of Patent
Appeals and Interferences include an
explicit statement that a claim may be
allowed in amended form, appellant shall
have the right to amend in conformity with
such statement which shall be binding upon
the examiner in the absence of new
references or grounds of rejection.
A statement pursuant to 37 CFR § 1.196(c) has been made
in this decision. A time period in which appellant may file
an amendment for the purpose stated in § 1.196(c) is hereby
set to expire TWO MONTHS FROM THE DATE OF THIS DECISION.
No time period for taking subsequent action in connection
with this appeal may be extended under 37 CFR § 1.136(a).
VACATED - 37 CFR § 1.196(b) and (c)
)
WILLIAM F. SMITH )
Administrative Patent Judge )
)
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