Appeal No. 97-2440
Application 29/036,036
A properly filed terminal disclaimer would overcome
this new ground of rejection on obviousness-type double
patenting.
We have reversed the examiner's rejection of the design
claim under 35 U.S.C. 103 and we have entered a new ground of
rejection, based on obviousness-type double patenting, under 37
CFR 1.196(b).
Accordingly, the examiner's decision is reversed.
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
of the decision (37 CFR 1.197). Should appellant elect to have
further prosecution before the examiner in response to the new
rejection under 37 CFR 1.196(b) 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.
REVERSED, 37 CFR 1.196(b)
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