Appeal No. 1999-0636 Page 20
Application No. 08/828,375
claims 25 and 9 under 35 U.S.C. § 103 as being unpatentable
over Johnston in view of La Mell is affirmed. Additionally,
the application is remanded to the examiner for consideration
of the issues noted above.
In addition to affirming the examiner's rejection of one
or more claims, this decision contains a remand. 37 CFR
§ 1.196(e) provides that
Whenever a decision of the Board of Patent Appeals and
Interferences includes or allows a remand, that decision
shall not be considered a final decision. When
appropriate, upon conclusion of proceedings on remand
before the examiner, the Board of Patent Appeals and
Interferences may enter an order otherwise making its
decision final.
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
(b) Appellant may file a single request for
rehearing within two months from the date of the
original decision . . . .
The effective date of the affirmance is deferred until
conclusion of the proceedings before the examiner unless, as a
mere incident to the limited proceedings, the affirmed
rejections are overcome. If the proceedings before the
examiner does not result in allowance of the application,
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