Ex parte YAGURA et al. - Page 6




          Appeal No. 95-5148                                         Page 6           
          Application 08/121,794                                                      
          prior art and Wittmer.  Appellant should note that a new                    
          ground of rejection is not final for purposes of judicial                   
          review.                                                                     
               WITHIN TWO MONTHS FROM THE DATE OF THIS DECISION,                      
          Appellants must either:                                                     
                    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; or                       
                    2) request a rehearing on the same record.                        
          See 37 CFR §§ 1.196(b) & 1.197(b).  No time period for taking               
          any subsequent action in connection with this appeal may be                 
          extended under 37 CFR § 1.136(a).  37 CFR § 1.136(b).                       


                             REVERSED; 37 CFR § 1.196(b)                              




                         ERROL A. KRASS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JAMESON LEE                   )      APPEALS                 
                         Administrative Patent Judge   )        AND                   
                                                       ) INTERFERENCES                





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