Ex parte OHNO - Page 8





                  Appeal No. 95-0868                                                                                                                      
                  Application 07/987,552                                                                                                                  

                                                               CONCLUSION                                                                                 

                       The rejection of claims 5 and 6 is reversed.                                                                                       

                       A new ground of rejection of claims 5 and 6 is entered pursuant to 37 CFR § 1.196(b).                                              

                       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 of the decision.                                  

              37 CFR § 1.197.  Should appellant elect to have further prosecution before the examiner in 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.                                                                                                      

                       NOTE:  This is not a final decision for the purpose of judicial review because it includes a new                                   

              ground of rejection pursuant to 37 CFR § 1.196(b) ("A new rejection shall not be considered final for the                                   

              purpose of judicial review.").                                                                                                              















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