Ex parte MALIK et al. - Page 14




          Appeal No. 97-0677                                                          
          Application No. 08/312,710                                                  


               To summarize, the decision of the examiner to reject claim             
          1 under 35 U.S.C.  103 is reversed; the decision of the                    
          examiner to reject claim 2 under 35 U.S.C.  103 is affirmed; a             
          new rejection of claim 1 under 35 U.S.C.  112, second                      
          paragraph, has been made pursuant to our authority under 37 CFR             
           1.196(b); and remand with a recommendation for a new                      
          rejection of allowed claim 4 under                                          
          35 U.S.C.  112, second paragraph,      is made under the                   
          provisions of 37 CFR  1.196(d).                                            


               A period of two months is set in which the appellants may              
          submit to the Primary Examiner an appropriate amendment, or a               
          showing of facts or reasons, or both, in order to avoid the                 
          ground of rejection set forth in the statement of the Board of              
          Patent Appeals and Interferences under the provisions of 37 CFR             
           1.196(d) and/or prosecute further before the Primary Examiner             
          by way of amendment or showing of facts, or both, not                       
          previously of record with respect to the new rejection under 37             
          CFR                                                                         
           1.196(b) if the appellants so elect.                                      


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