Ex parte RESCH et al. - Page 9


                    Appeal No. 2001-0515                                                                                                   
                    Application 08/926,358                                                                                                 


                    respect to the new 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)                                                               





                    Ian A. Calvert                           )                                                                             
                                Administrative Patent Judge       )                                                                        
                                    )                                                                                                      
                                                             )                                                                             
                                                             )                                                                             
                                    Harrison E. McCandlish, Senior ) BOARD OF PATENT                                                       
                                    Administrative Patent Judge       )     APPEALS AND                                                    
                                                             )   INTERFERENCES                                                             
                                                             )                                                                             
                                Jennifer D. Bahr                     )                                                                     
                                    Administrative Patent Judge      )                                                                     








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