Ex parte MILETI - Page 10




          Appeal No. 96-3885                                                          
          Application No. 08/255,076                                                  


          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).                                                                 


               In summary, this panel of the board has REVERSED each of the           
          examiner’s rejections under 35 U.S.C.  103. Additionally, new              
          grounds of rejection have been introduced pursuant to 37 CFR  1.           
          196(b).                                                                     










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