Appeal No. 96-1931
Application 07/995,635
December 18, 1992, we view the reference as prior art under
Section 102(b). Since a reference under Section 102(b) cannot be
antedated, we make this new ground of rejection in order to
expedite the prosecution in this case.
In summary, the rejections of claims 1, 2 and 4-14 have
been sustained with respect to claims 5, 8-10 and 14, but have
not been sustained with respect to claims 1, 2, 4, 6, 7 and 11-
13. Accordingly, the decision of the examiner rejecting claims
1, 2 and 4-14 is affirmed-in-part.
Any request for reconsideration or modification of this
decision by the Board of Patent Appeals and Interferences based
upon the same record must be filed within one month from the date
hereof. 37 CFR ' 1.197.
With respect to the new rejection under 37 CFR
' 1.196(b), should appellants elect the alternate option under
that rule to prosecute further before the Primary Examiner by way
of amendment or showing of facts, or both, not previously of
record, a shortened statutory period for making such response is
hereby set to expire two months from the date of this decision.
In the event appellants elect this alternate option, in order to
preserve the right to seek review under 35 U.S.C. '' 141 or 145
with respect to the affirmed rejections, the effective date of
16
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: November 3, 2007