Ex parte COURT et al. - Page 10




           Appeal No. 97-3097                                                                 
           Application 08/030,488                                                             


           elect to have further prosecution before the examiner in                           
           response to the new rejection under 37 CFR § 1.196(b) by way                       
           of amendment or showing of facts, or both, not previously of                       
           record, a shortened statutory period for making such response                      
           is hereby set to expire two months from the date of this                           
           decision.                                                                          
                No time period for taking any subsequent action in                            
           connec-tion with this appeal may be extended under 37 CFR §                        
           1.136(a).                                                                          
                                     REVERSED 1.196(b)                                        


                           IAN A. CALVERT                   )                                 
                           Administrative Patent Judge      )                                 
                                                            )                                 
                                                            )                                 
                                                            )                                 
                           ANDREW H. METZ                   ) BOARD OF PATENT                 
                           Administrative Patent Judge      )   APPEALS AND                   
                                                            )  INTERFERENCES                  
                                                            )                                 
                                                            )                                 
                           WILLIAM F. PATE, III             )                                 
                           Administrative Patent Judge      )                                 







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