Appeal No. 2000-1623
Application 09/030,385
Pursuant to 37 CFR 1.196(c), we state that, in the
absence of new references or grounds of rejection, claims 4
and 5 may be allowed if amended to return them to the form in
which they were when the application was originally filed. As
provided in the rule, appellant has the right to amend in
conformity with this statement; such amendment must be filed
within the period allowed for seeking court review under 37
CFR 1.304. See MPEP § 1213.01 (Feb. 2000).
Conclusion
The examiner’s decision to reject claims 1 to 5 under 35
U.S.C. § 103(a) is reversed, and to reject claims 4 and 5
under 35 U.S.C. § 112, second paragraph, is affirmed. A
statement is made pursuant to 37 CFR 1.196(c).
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART
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