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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