Appeal No. 2005-2398
Application No. 09/899,029
3) Enter a new ground of rejection against claim 33; and
4) Remand the application to the examiner to consider the
effect of including Patterson and Burbank in the statement of
rejection.
Regarding any affirmed rejection, 37 CFR § 41.52(a)(1)
provides "[a]ppellant may file a single request for rehearing
within two months from the date of the original decision of the
Board."
In addition to affirming the examiner's rejection of one or
more claims, this opinion contains a new ground of rejection
pursuant to 37 CFR § 41.50(b) and a remand pursuant to 37 CFR
§ 41.50(e) (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(e) provides that
[w]henever a decision of the Board includes a remand,
that decision shall not be considered final for judicial
review. When appropriate, upon conclusion of proceedings on
remand before the examiner, the Board may enter an order
otherwise making its decision 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
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