Appeal No. 2006-1504 Page 11
Application No. 09/935,297
CONCLUSION
To summarize, the rejection of claims 1, 2, 7, 15-17, 23, 26, 27 and 29 as being
anticipated by Rabin is affirmed as to claims 1, 2, 7, 23, 26, 27 and 29 and reversed as to claims
15-17; the rejection of claims 1-3, 7-10, 15-19, 23 and 26-29 as being anticipated by Taylor is
reversed; the rejection of claims 1-4 and 6-33 as being unpatentable over Robbins in view of
Rabin or Blachly is affirmed as to claims 1-4, 6-14 and 23-29 and reversed as to claims 15-22
and 30-33; the rejections of claims 1, 4, 6-8, 10, 13-17, 19, 22-27 and 30-32 as being
unpatentable over Erickson in view of Rabin and claim 33 as being unpatentable over Erickson
in view of Rabin and Rowe are reversed; and the rejection of claims 1-4 and 6-33 as being
unpatentable over Lacey in view of Rabin and Blachly is affirmed as to claims 1-4, 6-8, 10-17,
19-27 and 29-32 and reversed as to claims 9, 18, 28 and 33. A new rejection of claims 9, 18, 28
and 33 is entered pursuant to 37 CFR § 41.50(b).
Regarding the affirmed rejection(s), 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(s) of one or more claims, 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."
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. . . .
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