Ex parte REXROAD et al. - Page 13




          Appeal No. 96-3543                                                          
          Application No. 08/153,623                                                  


          established with regard to the subject matter thereof, and we               
          will sustain the rejection.                                                 
               Claim 15 adds to claim 14 the color feature discussed                  
          above with regard to claim 1 et al.  As we explained there, we              
          find this to be lacking in the applied prior art, and we                    
          therefore will not sustain the rejection of this claim.                     


                                       SUMMARY                                        
               The examiner’s rejection of claims 1-7, 9-12, 15 and 16                
          under 35 U.S.C. § 103 is not sustained.                                     
               The examiner’s rejection of claim 14 under 35 U.S.C. §                 
          103 is sustained.                                                           
               Pursuant to 37 C.F.R. § 1.196(b), a new rejection of                   
          claims 1-7, 9-12 and 14-16 has been entered under 35 U.S.C. §               
          112, second paragraph.                                                      
               The decision of the examiner is affirmed-in-part.                      
               In addition to affirming the examiner’s rejection of one               
          or more claims, this decision contains a new ground of                      
          rejection pursuant to 37 CFR § 1.196(b)(amended effective Dec.              
          1, 1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197                  
          (Oct. 10, 1997), 1203 Off. Gaz. Pat. & Trademark Office 63,                 
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