Ex parte SCHMIDT - Page 10




          Appeal No. 94-4239                                                          
          Application 07/942,293                                                      


          response to the new rejection under 37 CFR § 1.196(b) 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.                                                                   
                    No time period for taking any subsequent action                   
          in connection with this appeal may be extended under                        
          37 CFR § 1.136(a).                                                          
                    In summary, this panel of the board has reversed the              
          examiner's rejection of claims 1 through 4, 6, and 7 under                  
          35 U.S.C. § 102(b) as being anticipated by Horton.  Further,                
          we have introduced a new rejection of appellants' claims under              
          35 U.S.C. § 103 pursuant to 37 CFR § 1.196(b).                              
                    The decision of the examiner is reversed.                         
                                      REVERSED                                        
                                  37 CFR § 1.196(b)                                   




          IRWIN CHARLES COHEN         )                                               
                    Administrative Patent Judge )                                     
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