Ex parte VAN REES - Page 12




          Appeal No. 95-0954                                                          
          Application 08/058,092                                                      


          one of the following two options with respect to the new                    
          ground of rejection to avoid termination of proceedings                     
          (§ 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. . . .                              
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                      AFFIRMED                                        
                                  37 CFR § 1.196(b)                                   





                         BRADLEY R. GARRIS             )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         CHARLES F. WARREN             ) BOARD OF PATENT              
                         Administrative Patent Judge   ) APPEALS AND                  
                                                      ) INTERFERENCES                
                                                      )                              
                                                      )                              

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