Appeal 2006-2347
Application 10/245,350
CONCLUSION
To summarize, the decision of the examiner to reject claims 1-20 is
REVERSED. Under the provisions of 37 CFR § 41.50(b), we enter a new ground
of rejection of claims 1-20 under 35 USC § 103(a) as unpatentable over Johnson in
view of Wada.
This decision contains a new ground of rejection pursuant to 37 C.F.R.
§ 41.50(b) (effective September 13, 2004). 37 C.F.R. § 41.50(b) provides, "[a]
new ground of rejection pursuant to this paragraph shall not be considered final for
judicial review." 37 C.F.R. § 41.50(b) also provides that the appellants, 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. The request for rehearing must address any new
ground of rejection and state with particularity the points
believed to have been misapprehended or overlooked in
entering the new ground of rejection and also state all
other grounds upon which rehearing is sought.
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