Ex parte MOODY - Page 10




          Appeal No. 97-3198                                                          
          Application No. 08/502,408                                                  


          ground of 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, 1.196(b)                                   





                         IAN A. CALVERT                )                              
                         Administrative Patent Judge)                                 
                                                  )                                   
                                                  )                                   
                                                  )                                   
                         NEAL E. ABRAMS                )  BOARD OF                    
          PATENT                                                                      
                         Administrative Patent Judge)    APPEALS AND                  
                                                  )   INTERFERENCES                   
                                         10                                           





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