Appeal 2006-3252
Application 09/536,728
1 H. Decision
2 ORDERED that the decision of the Examiner rejecting
3 claims 73-75, 77-79 and 81 over Stähle is reversed.
4 FURTHER ORDERED that the decision of the Board of Patent
5 Appeals and Interferences in Ex parte Esser, Appeal 2005-0393 (Bd. Pat.
6 App. & Int. Apr. 14, 2005), reversing the Examiner's rejection of claims 26
7 and 73-81 as being unpatentable over Olson is vacated.
8 FURTHER ORDERED that the decision of the Examiner
9 rejecting Esser claims 26 and 73-81 as are unpatentable under 35 U.S.C.
10 § 103 over Olson is affirmed.
11 FURTHER ORDERED that Esser claims 73-81 are
12 unpatentable under 35 U.S.C. § 103 over York.
13 FURTHER ORDERED that Esser claims 74-76 and 78-80 are
14 unpatentable under the fourth paragraph of 35 U.S.C. § 112.
15 FURTHER ORDERED that since our rationale for refusing
16 Esser claims 26 and 73-81 is new, our determination that those claims are
17 unpatentable is designated as a new rejection. 37 CFR § 41.50(b) (2006).
18 FURTHER ORDERED that our decision is not a final agency
19 action.
20 FURTHER ORDERED that within two (2) months from the
21 date of our decision appellant may further prosecute Esser claims 26 and
22 73-81 by exercising one of the two following options:
23 1. Request that prosecution be reopened by submitting
24 an amendment or evidence or both. 37 CFR § 41.50(b)(1) (2006).
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