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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