Appeal No. 96-2623
Application No. 08/240,095
obviousness as in EWP Corp. v. Reliance Universal, Inc., 755 F.2d
898, 225 USPQ 20 (Fed. Cir. 1985).
CONCLUSION
To summarize, the decision of the examiner to reject claims
1 and 4 under 35 U.S.C. § 103 is affirmed; the decision of the
examiner to reject claim 5 under 35 U.S.C. § 103 is reversed; and
a new rejection of claim 5 under 35 U.S.C. § 103 has been added
pursuant to provisions of 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
hereof. 37 CFR § 1.197.
With respect to the new rejection under 37 CFR § 1.196(b),
should the 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 the appellants elect this alternate option, in order to
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