Appeal No. 96-4162
Application 08/313,901
THE DATE OF THE DECISION, must exercise one of the following two options with
respect to the new grounds 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 re-
jected, 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. . . .
In summary, we have reversed the examiner’s rejections of claims 1 through 6 under
35 U.S.C. § 112, first paragraph, 35 U.S.C. § 101 and 35 U.S.C. § 103 and we have
rejected claims 1 through 4 and 6 under 35 U.S.C. § 102(b) as being anticipated by
Blenkush, pursuant to the provisions of 37 CFR § 1.196(b).
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
REVERSED - 37 CFR § 1.196(b)
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