Appeal No. 95-0876
Application 08/006,517
unpatentable over Esmay is reversed. A new rejection under 35 U.S.C. § 102 has been
entered by the Board against claims 1, 3, 4, 8, 9, 13, 17, and 20 through 22, and 24.
A new rejection under 35 U.S.C. § 103 of claims 2, 15, and 23 has been entered by the
Board.
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 appellants 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 appellants elect 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
the examiner unless, as a mere incident to the limited prosecution, the affirmed rejection is
overcome.
If the appellants elect prosecution before the examiner and this does not result in
allowance of the application, abandonment or a second appeal, this case should be
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