Ex parte RING - Page 13




          Appeal No. 96-3968                                                          
          Application No. 08/117,669                                                  


          Hageman is reversed; and a new rejection of claims 3 and 4 under            
          35 U.S.C.  103 as being unpatentable over Gergely in view of               
          Hageman has been made pursuant to our authority under 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 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 the 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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