Ex parte MCLERNON - Page 8




            Appeal No. 1996-2645                                                                              
            Application 08/229,910                                                                            


                   (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)                                              










            William F. Smith                       )                                                          
                   Administrative Patent Judge     )                                                          
                                                         )                                                   
                                                   )                                                          
                                                          )                                                   
                                Fred E. McKelvey, Senior         ) BOARD OF PATENT                            
                                Administrative Patent Judge     )   APPEALS AND                               
                                                          )  INTERFERENCES                                    
                                                          )                                                   
                                                          )                                                   
                   Carol A. Spiegel                        )                                                  
                                Administrative Patent Judge     )                                             

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