Ex parte MILLER - Page 11




          Appeal No. 1998-2287                                                        
          Application No. 08/211,157                                                  


          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 37 CFR § 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)                                   







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