Appeal No. 1999-1748
Application 08/846,285
In summary, this panel of the board has not sustained the
rejection of claims 1 through 5, 7 through 13, but has sustained
the rejection of 19 through 22, 24 through 29, and 35 through 38
under 35 U.S.C. § 103(a) as being unpatentable over Lee in view
of Dahn. Additionally, we have remanded the application to the
examiner to review the matters specified 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. 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, that 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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