Appeal No. 1996-2123
Application No. 08/069,458
37 C.F.R. ' 1.196(b) also provides that the appellants, WITHIN TWO MONTHS FROM THE
DATE OF THE DECISION, must exercise one of the following two options with respect to the new
ground of rejection to avoid termination of proceedings (' 1.197(c)) as to the rejected claims:
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.
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 C.F.R. ' 1.136(a).
REVERSED-IN-PART, REMANDED-IN-PART, VACATED-IN-PART, AND 37 C.F.R. ' 1.196(b)
)
WILLIAM F. SMITH )
Administrative Patent Judge )
)
)
)
CAROL A. SPIEGEL ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
DONALD E. ADAMS )
Administrative Patent Judge )
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