Appeal 2007-0984
Application 10/044,432
consistent with this reasoning and the reliance upon Appellant’s admitted
prior art.
In summary, we have reversed the Examiner’s rejections of certain
claims on appeal under 35 U.S.C. §§ 102 and 103. On the other hand, we
have introduced our own rejections of claims 1 through 24 on appeal
utilizing Appellant’s admitted prior art within the discussion of the prior art
at Specification pages 1 and 2 as filed by respectively modifying each of the
Examiner’s stated rejections.
This decision contains new grounds of rejection pursuant to 37 C.F.R.
§ 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960 (August 12,
2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 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 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. . . .
(2) Request rehearing. Request that the proceeding be reheard
under § 41.52 by the Board upon the same record. . . .
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