Ex parte KESHAVIAH et al. - Page 11




               Appeal No. 98-1316                                                                                               
               Application No. 08/420,896                                                                                       
               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                                                               
                                                   37 CFR § 1.196(b)                                                            





               Irwin Charles Cohen             )                                                                                
                      Administrative Patent Judge     )                                                                         
                              )                                                                                                 
                                                                           )                                                    
                                                                           )                                                    
                                     James M. Meister                ) BOARD OF                                                 
               PATENT                                                                                                           
                                     Administrative Patent Judge     )   APPEALS AND                                            
                                                                           )  INTERFERENCES                                     
                                                                           )                                                    
                                                                           )                                                    
                      Jeffrey V. Nase                                      )                                                    
                                     Administrative Patent Judge     )                                                          
               tdc                                                                                                              
                                                            -11-11                                                              





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