Ex parte KRAMER - Page 8




             Appeal No. 97-2966                                                                                   
             Application 08/393,858                                                                               


             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).                                                                                          
                                                   REVERSED                                                       
                                             37 CFR § 1.196(b)                                                    




                                       HARRISON E. MCCANDLISH, Senior  )                                         
                    Administrative Patent Judge     )                                                             
                          )                                                                                       
                                                                   )                                              
                                                                   )                                              
                                 JAMES M. MEISTER                        ) BOARD OF PATENT                        
                                 Administrative Patent Judge     )   APPEALS AND                                  
                                                                   )  INTERFERENCES                               
                                                                   )                                              
                                                                         )                                        
                    JOHN P. MCQUADE                 )                                                             
                                 Administrative Patent Judge     )                                                
                                                                                                                 
                                                      -8-8                                                        





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