Appeal No. 97-0695
Application No. 08/273,466
To summarize, the decision of the examiner to reject
claims 3 through 8 under 35 U.S.C. § 112, second paragraph, is
reversed; the decision of the examiner to reject claims 3, 7
and 8 under
35 U.S.C. § 103 is reversed; the decision of the examiner to
reject claims 4 through 6 under 35 U.S.C. § 103 is affirmed;
and a new rejection of claims 3 and 8 under 35 U.S.C. § 103
has been added pursuant to provisions of 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 appellants 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 appellants elect this
21
Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: November 3, 2007