Ex parte MELKUS et al. - Page 8




          Appeal No. 96-1343                                                          
          Application 07/993,225                                                      


               As to claims 5 and 12, Spell Check’s step of displaying to             
          the user the “2 Skip” selection further comprises the step of               
          providing to the user a selection of terminating the provision of           
          the “Not Found” message upon the occurrence of a “selected” user            
          action, since the user must enter the specific keystroke                    
          corresponding to “2" in order to select the “2 Skip” selection.             
          Thus, Spell Check also anticipates these dependent claims.                  
               In summary, the examiner’s  102 rejection of the appealed             
          claims is reversed, and a new rejection of claims 1, 2, 5, 9, 10            
          and 12 pursuant to our authority under 37 CFR  1.196(b) has been           
          made.                                                                       
               The decision of the examiner is reversed.                              
               The new rejection under 37 CFR  1.196(b) should not be                
          considered final for the purpose of judicial review.                        
               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 record, a shortened statutory             



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