Ex Parte FREITAG et al - Page 8




          Appeal No. 2001-2176                                                        
          Application 09/031,186                                                      


          rejections 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).                              







               HARRISON E. MCCANDLISH                  )                              
               Senior Administrative Patent Judge      )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                                                       )                              
                                                       )   APPEALS AND                
               CHARLES E. FRANKFORT                    )                              
               Administrative Patent Judge             ) INTERFERENCES                
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
               JOHN P. MCQUADE                         )                              
               Administrative Patent Judge             )                              

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