Appeal No. 96-1931 Application 07/995,635 December 18, 1992, we view the reference as prior art under Section 102(b). Since a reference under Section 102(b) cannot be antedated, we make this new ground of rejection in order to expedite the prosecution in this case. In summary, the rejections of claims 1, 2 and 4-14 have been sustained with respect to claims 5, 8-10 and 14, but have not been sustained with respect to claims 1, 2, 4, 6, 7 and 11- 13. Accordingly, the decision of the examiner rejecting claims 1, 2 and 4-14 is affirmed-in-part. 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 rejections, the effective date of 16Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 3, 2007