Appeal No. 97-1025
Application No. 08/183,571
35, 38, and 40 to 44 under 35 U.S.C. § 112, first paragraph, has
been added pursuant to provisions of 37 CFR § 1.196(b); a new
rejection of claim 35 under 35 U.S.C. § 112, second paragraph,
has been added pursuant to provisions of 37 CFR § 1.196(b); and a
new rejection of claim 4 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 rejections 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
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