Ex Parte Nakamura - Page 10


               Appeal No. 2004-1412                                                                                                   
               Application 09/818,686                                                                                                 

               (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)                                                            








                                       EDWARD C. KIMLIN                               )                                               
                                       Administrative Patent Judge                    )                                               
                                                                                      )                                               
                                                                                      )                                               
                                                                                      )                                               
                                       CHARLES F. WARREN                              )   BOARD OF PATENT                             
                                       Administrative Patent Judge                    )        APPEALS AND                            
                                                                                      )      INTERFERENCES                            
                                                                                      )                                               
                                                                                      )                                               
                                       TERRY J. OWENS                                 )                                               
                                       Administrative Patent Judge                    )                                               











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