Ex parte MILLS et al. - Page 14




          Appeal No. 2000-2288                                                        
          Application No. 08/960,576                                                  


          one of the following two options with respect to the new                    
          grounds 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 § 1.196(b)                              




                         IAN A. CALVERT                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         CHARLES E.  FRANKFORT         )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
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