Ex parte SCHAAD et al. - Page 5




                Appeal No. 1999-1289                                                                                                      
                Application No. 08/334,085                                                                                                
                respect to the new ground 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 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 . . . (emphasis                                             
                        added)                                                                                                            
                        No time period for taking any subsequent action in connection with this appeal may                                
                be extended under 37 CFR § 1.136(a).                                                                                      

                                                         37 CFR § 1.196(b)                                                                









                                                                                         )                                                
                                                Sherman D. Winters                       )                                                
                                                Administrative Patent Judge              )                                                
                                                                                         )                                                
                                                                                         )                                                
                                                                                         ) BOARD OF PATENT                                
                                                Toni R. Scheiner                         )                                                
                                                Administrative Patent Judge              )   APPEALS AND                                  
                                                                                         )                                                
                                                                                         ) INTERFERENCES                                  
                                                                                         )                                                

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