Ex parte MORIKITA - Page 19




          Appeal No. 96-2640                                                          
          Application No. 08/068,273                                                  


          either through the ceiling wall or the floor wall of the                    
          molding chamber.  This would have suggested to one of ordinary              
          skill in the art positioning core 2 of Marechal at the lower                
          end instead of at the upper end of the apparatus.                           
          Remand to the Examiner                                                      
               Pursuant to 37 CFR § 1.196(a) and MPEP § 1211, this                    
          application is remanded to the examiner to consider whether                 
          claims 3, 4 and 6 to 8 should be rejected under 35 U.S.C. §                 
          103 as unpatentable over Marechal alone, or in view of Hosoe,               
          further in view of other prior art.                                         
          Conclusion                                                                  
               The examiner’s decision to reject claims 1 to 8 is                     
          reversed. Claims 1, 2 and 5 are rejected pursuant to 37 CFR §               
          1.196(b).  The application is remanded to the examiner under                
          37 CFR                                                                      
          § 1.196(a).                                                                 
               This application, by virtue of its "special" status,                   
          requires immediate action, MPEP § 708.01(d).  It is important               
          that the Board be informed promptly of any action affecting                 
          the appeal in this case.                                                    


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