Appeal No. 1999-1036
Application No. 08/644,523
Pursuant to our authority under 37 CFR §1.196(c), it is
our opinion that the standing rejection of the claims can be
overcome, and the claims would be allowable, if the following
changes were made to each of claims 1, 6, 9 and 16:
In line 3, change “positioned” to --positionable--.
In line 8, insert --positionable-- after “and”.
SUMMARY
The rejection is sustained.
Pursuant to 37 CFR § 1.196(c), amendments have been
suggested which would overcome the standing rejection under 35
U.S.C. § 112, second paragraph, and would, in the absence of
new references or grounds of rejection on the part of the
examiner, cause the claims to be allowable.
37 CFR § 1.196(c) provides:
Should the decision of the Board of Patent Appeals
and Interferences include an explicit statement that
a claim may be allowed in amended form, appellant
shall have the right to amend in conformity with
such statement which shall be binding upon the
examiner in the absence of new references or grounds
of rejection.
A statement pursuant to 37 CFR § 1.196(c) has been made
in this decision. A time period in which appellant may file
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