Appeal 2007-1067
Application 10/108,793
CONCLUSION
In view of the new rejection set forth above, the Examiner’s §§ 102
and 103(a) rejections are procedurally reversed.
This decision contains a new ground of rejection pursuant to 37
C.F.R. § 41.50(b). 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 provide 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 . . . .
serve to support specifying a formula for Atti Compression based on any
two Examples furnished in the original Specification absent specific
direction in the Specification, as filed. If not, the Examiner should consider
introducing a rejection of the appealed claims under the first paragraph of
§ 112, as lacking descriptive support for this claimed formula limitation.
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