Ex parte RICH - Page 12




               Appeal No. 1998-2383                                                                        Page 12                 
               Application No. 08/116,355                                                                                          


                                                         CONCLUSION                                                                
                       To summarize, the decision of the examiner to reject claims 17, 19, 22, 28-30, 32-48,                       
               50, 51 and 56-58 under 35 U.S.C.  103 is affirmed as to claims 35-38 and reversed as to                            
               claims 17, 19, 22, 28-30, 32-34, 39-48, 50, 51 and 56-58.  Additionally, the application is                         
               remanded to the examiner for consideration of the patentability of at least claims 41 and 46 in                     
               light of the above discussion.                                                                                      
                       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 rejection                   
               is overcome.  If the proceedings before the examiner do not result in allowance of the                              
               application, abandonment or a second appeal, this case should be returned to the Board of                           
               Patent Appeals and Interferences for final action on the affirmed rejections, including any                         
               timely request for rehearing thereof.                                                                               








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