Appeal 2007-1748
Application 10/679,908
2. We will not sustain the Examiner’s rejection of claims 4-9 under 35
U.S.C. § 102(b) as being anticipated by Smith.
3. We enter a new grounds of rejection for claims 4-9 under 35 U.S.C.
§ 103(a) as unpatentable over Smith.
Appellant is not entitled to a patent containing the claims on appeal.
DECISION
The decision of the Examiner to reject claims 1-3 is AFFIRMED. The
decision of the Examiner to reject claims 4-9 is REVERSED. We enter a new
ground of rejection of claims 4-9 under 35 U.S.C. § 103(a) as unpatentable over
Smith. 37 C.F.R. § 41.50(b) (2006).
It is hereby ORDERED that within two (2) months from the date of our
decision Appellants may further prosecute the application on appeal by exercising
one of the two following options:
1. Request that prosecution be reopened by submitting an amendment or
evidence or both. 37 C.F.R. § 41.50(b)(1) (2006).
2. Request rehearing on the record presently before the Board. 37 C.F.R.
§ 41.50(b)(2) (2006).
12
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: September 9, 2013