Appeal No. 2005-1268
Application No. 10/044,728
examiner may wish to consider a rejection of these claims under 35 U.S.C. §103.
CONCLUSION
We have reversed the rejection of claims 1, 6, 8-11, 15, and 16 under
35 U.S.C. §102 (b). We have also reversed the rejection of claims 5, 7, 13 and 17
under 35 U.S.C. §103. We have sustained the rejection of claims 3, 14 and 18 under
35 U.S.C. 103.
Additionally, we have entered a new ground of rejection, in accordance with
37 CFR 41.50 (b), of claims 1, 5-10, 13, 15 and 17, under 35 U.S.C. §112, second
paragraph.
In addition to affirming the examiner's rejection(s) of one or more claims, this
opinion contains a new ground of rejection pursuant to 37 CFR § 41.50(b) (effective
September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat. Office
21 (September 7, 2004)). 37 CFR § 41.50(b) provides "[a] new ground of rejection
pursuant to this paragraph shall not be considered final for judicial review."
37 CFR § 41.50(b) also provides that the appellant, WITHIN TWO MONTHS
FROM THE DATE OF THE DECISION, must exercise one of the following two options
with respect to the new ground of rejection to avoid termination of the appeal as to the
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