Appeal No. 95-4452
Application 08/094,925
This is a decision on rehearing of our original decision
of November 17, 1998, wherein we reversed rejections of the
claims on appeal under 35 U.S.C. §§ 102 and 103 and instituted
a rejection of all claims on appeal under the second paragraph
of 35 U.S.C. § 112. Appellants' request for reconsideration
of January 19, 1999 is therefore considered a request for
rehearing of that rejection.
Appellants only specifically request reconsideration of
our rejection of claims 14 through 16. In light of the
positions set forth in this request for rehearing, including
appellants' correlation of the subject matter of claims 14
through 16 to the disclosed invention, the rejection is hereby
withdrawn only as to these claims. As such, we hereby remand
this application for the examiner's consideration of whether
or not to institute new art rejections of claims 14 through 16
on the same, additional or different prior art in accordance
with our discussion set forth in the middle of page 6 of our
original opinion.
Inasmuch as appellants' request for rehearing does not
ask for a rehearing or reconsideration of our rejection of
claims 2 through 9 and 11, appellants have therefore impliedly
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