Appeal No. 95-3017
Application 07/952,061
on the same basis as claims 15 to 18 since the subject matter of
each of these claims 13 and 14 is identical to the same subject
matter recited in each of claims 15 through 18.
SUMMARY
We have reversed the rejection of certain claims under the
second paragraph of 37 CFR § 112. We have sustained the
rejection of claims 1 to 6 under 35 U.S.C. § 102 and we have
sustained the rejection of claims 7 to 12 under 35 U.S.C. § 103.
We have reversed the rejection of claims 19 to 31 under 35 U.S.C.
§ 103. Therefore, the examiner’s decisions rejecting the claims
on appeal are affirmed-in-part.
Finally, we have instituted a new ground of rejection as to
claims 15 to 18 and recommended a new ground of rejection be made
by the primary examiner as to claims 13 and 14. As to this
latter recommended rejection under the provisions of 37 CFR
§ 1.196(d), we also hereby remand the application to the examiner
for consideration of a rejection of dependent claims 13 and 14.
A period of two months is set in which the appellant may
submit to the Primary Examiner an appropriate amendment, or a
showing of facts or reasons, or both, in order to avoid the
grounds set forth in the statement of the Board of Patent Appeals
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