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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