Ex parte COLLINS - Page 11




          Appeal No. 96-3919                                                          
          Application 08/224,163                                                      


               The standing rejection of claims 1-5 and 12-14 under 35                
          U.S.C.  103 is reversed.                                                   
               Pursuant to 37 CFR  1.196(b), new rejections of claims 1-5            
          and 12-14 have been made.                                                   
               The decision of the examiner is affirmed-in-part.                      
               The new rejections 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           
          hereof.  37 CFR  1.197.                                                    
               With respect to the new rejections under 37 CFR                        
           1.196(b), should appellant 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 appellant elects 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 rejection, the effective date of the           
          affirmance is deferred until conclusion of the prosecution before           
          the examiner unless, as a mere incident to the limited                      
          prosecution, the affirmed rejection is overcome.                            
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