Appeal No. 1997-3304 Page 12
Application No. 08/181,936
commercial success has been submitted.
REMAND TO THE EXAMINER
Pursuant to 37 CFR § 1.196(a), this case is remanded to
the examiner to determine whether dependent claims 3 through
7, 10 through 14, 17 and 18, should be rejected under 35
U.S.C. § 103 as unpatentable over appellants' prior art
disclosure (specification, pages 1 and 2) in view of
Philipossian with other known prior art.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1 through 14, 17 and 18 under 35 U.S.C. § 103 is
reversed; a new 35 U.S.C. § 103 rejection of a claims 1, 2, 8
and 9 is entered pursuant to 37 CFR 1.196(b), and the
application is remanded to the examiner for consideration of
further prosecution of claims 3 through 7, 10 through 14, 17
and 18.
This decision contains a new ground of rejection pursuant
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