Ex parte DONALD W. KELLEY - Page 10

          Appeal No. 94-1550                                                          
          Application 07/893,662                                                      

          claims 2-5, 7-11, 19 and 20 essentially for the reasons set in              
          appellant’s briefs.  Inasmuch as our affirmance of the claims 1,            
          6 and 12-18 is based on specific teachings in the Delescluse                
          patent, we denominate the affirmance as involving a new rejection           
          under 37 CFR  1.196(b).  Accordingly, the decision of the                  
          examiner is affirmed-in-part and our affirmance is denominated as           
          a new rejection.                                                            
               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 appellant 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 appellant elects 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 rejection, the effective date of the                
          affirmance is deferred until conclusion of the prosecution before           


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Last modified: November 3, 2007