Appeal No. 2002-0405
Application No. 07/325,269
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).
VACATED; 37 CFR § 1.196(b)
WILLIAM F. SMITH )
Administrative Patent Judge )
)
) BOARD OF PATENT
FRED E. MCKELVEY ) APPEALS AND
Senior Administrative Patent Judge ) INTERFERENCES
)
)
LINDA R. POTEATE )
Administrative Patent Judge )
LRP:hh
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