Ex Parte MOTOYAMA - Page 3

                  Appeal No. 1999-2767                                                                                                                    
                  Application No. 08/738,461                                                                                                              

                  decision, we stress that we decline to disturb our original opinion other than our grant of                                             
                  the requested relief with respect to the procedural matter, by agreeing that our                                                        
                  affirmance is to be considered a new ground of rejection under 37 CFR § 1.196(b).                                                       
                           No time period for taking any subsequent action in connection with this appeal                                                 
                  may be extended under 37 CFR § 1.136(a).                                                                                                


                                                               GRANTED-IN-PART                                                                            




                                             LEE E. BARRETT                                        )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             STUART S. LEVY                                        )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             HOWARD B. BLANKENSHIP                                 )                                                      
                                             Administrative Patent Judge                           )                                                      








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