Ex parte LIPPA et al. - Page 36




          Appeal No. 1998-0659                                                        
          Application No. 08/264,527                                                  

          ground 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).                                                                 
                        AFFIRMED-IN-PART AND 37 CFR § 1.196(b)                        







                         JERRY SMITH                   )                              
                         Administrative Patent Judge        )                         
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         MICHAEL R. FLEMING            )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                         36                                           





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