Ex parte BROOKMAN et al. - Page 16




          Appeal No. 1998-1315                                                       
          Application No. 08/334,751                                                 
          lines 15-18), which Mausteller teaches has inherent heat                   
          transfer characteristics.                                                  


               We have also noticed that the following element numbers               
          or reference characters are discussed in the specification but             
          not shown in the drawings: 73, 113 and 116 .                               


               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:                                                                  
               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                
                                         16                                          





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