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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