Appeal 2007-0902
Application 10/077,500
the same photograph since this is just a desired use of the flash by the
photographer.
We leave it to the Examiner to consider the application of Szajewski
to the dependent claims and to the claims indicated as allowed by the
Examiner.
DECISION
In summary, we have sustained the Examiner’s rejection of all the
claims on appeal. Therefore, the decision of the Examiner rejecting claims
1-22 is affirmed.
We have entered a new grounds of rejection against claims 1, 11, and
19 under 37 C.F.R. § 41.50(b).
As indicated supra, this decision contains a new ground of rejection
pursuant to 37 C.F.R. § 41.50(b) (amended effective September 13, 2004, by
final rule notice 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat.
& Trademark Office 21 (September 7, 2004)). 37 C.F.R. § 41.50(b)
provides that “A new ground of rejection . . . 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
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: September 9, 2013