Appeal No. 2005-1644
Application 09/400,583
CONCLUSION
The rejection of claims 39, 41-44, 53, and 55-58 is
affirmed.
New grounds of rejection of claims 39, 41-44, 53, and 55-58
under 35 U.S.C. § 112, first and second paragraphs, are entered
pursuant to 37 CFR § 41.50(b).
This decision contains new grounds of rejection pursuant to
37 CFR § 41.50(b) (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 rejected
claims:
(1) Reopen prosecution. Submit an appropriate
amendment of the claims so rejected or new evidence
relating to the claims so rejected, or both, and have
the matter reconsidered by the examiner, in which event
the proceeding will be remanded to the examiner. . . .
(2) Request rehearing. Request that the
proceeding be reheard under § 41.52 by the Board upon
the same record. . . .
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