Ex parte HARTRANFT et al. - Page 10




          Appeal No. 96-0881                                                          
          Application No. 07/795,908                                                  


          ground of rejection to avoid termination of proceedings (37                 
          CFR                                                                         
          § 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 § 196 (b)                               





                         JOHN D. SMITH                 )                              
                         Administrative Patent Judge   )                              
                                         10                                           





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