Appeal No. 2006-0026
Application No. 10/012,518
independent claim 1, and dependent claims 3 and 5, as being
unpatentable over Bellamy in view of Schmidt and the admitted prior
art.
SUMMARY
The decision of the examiner to reject claims 1, 3 and 5 under
35 U.S.C. § 103(a) is reversed, and a new rejection of these claims
under 35 U.S.C. § 112, second paragraph, is entered pursuant to 37
CFR § 41.50(b) with a recommendation under 37 CFR § 41.50(c) as to
how the new rejection can be overcome.
This decision 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."
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