Appeal No. 1999-0512
Application No. 08/701,979
reversed the rejection of claim 6 under 35 U.S.C. § 103
as being unpatentable over Ryan in view of Susawa.
Additionally, we have remanded the application to the
examiner to consider the matters discussed above.
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 remand to the
examiner for further action. 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 . . . .
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