Ex parte EBERT et al. - Page 10




            Appeal No. 94-2894                                                                                
            Application 07/725,222                                                                            





                   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 appellants 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).                                                                 
                                    REVERSED - 37 CFR § 1.196(b) & (c)                                        





                               Sherman D. Winters                     )                                      
                               Administrative Patent Judge            )                                      
                                                                       )                                      
                                                                       )                                      
                                                                       )   BOARD OF PATENT                    
                                William F. Smith                       )     APPEALS AND                      
                               Administrative Patent Judge            )    INTERFERENCES                     
                                                                       )                                      
                                                                       )                                      
                                                                       )                                      

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