Ex parte TALBOTT et al. - Page 7




          Appeal No. 96-0811                                                          
          Application No. 08/023,955                                                  


          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. . . .                              



                              REVERSED, 37 CFR 1.196(b)                               




                   HARRISON E. McCANDLISH              )                              
                   Senior Administrative Patent Judge                                 
                   )                                                                  
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                   NEAL E. ABRAMS                      )     APPEALS                  
                   Administrative Patent Judge         )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                   CHARLES E. FRANKFORT                )                              
                   Administrative Patent Judge         )                              



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