Appeal No. 95-2655
Application 07/912,029
For the foregoing reasons, we conclude that the subject
matter of claims 1 to 20 would have been prima facie obvious
based on the disclosure and teachings found in the Abstract
and Yamamoto. We also conclude that appellants have not
presented objective evidence of nonobviousness, on this
record, which would serve to rebut the prima facie case.
Accordingly, the examiner’s rejection of claims 1 to 20 under
35 U.S.C. § 103 as unpatentable over the Abstract is affirmed.
However, since we have elaborated on the reasoning of the
examiner and referred to the translation of the Japanese
reference and Gasser that was the basis of the abstract, we
denominate this “affirmance” as a new ground of rejection
pursuant to our authority under 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 appellants
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
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