Ex parte RESCH et al. - Page 9
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Appeal No. 2001-0515
Application 08/926,358
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).
REVERSED
37 CFR § 1.196(b)
Ian A. Calvert )
Administrative Patent Judge )
)
)
)
Harrison E. McCandlish, Senior ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
Jennifer D. Bahr )
Administrative Patent Judge )
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