Appeal 2007-2440
Application 10/913,902
sealable carrier layers (claim 12) or heat sealable adherent layers (claim 15)
obvious.
D. Summary
In view of the record and the foregoing considerations, it is
ORDERED that the Examiner's rejection of claims 1–5
and 10-16 as obvious under 35 U.S.C. § 103 is REVERSED.
FURTHER ORDERED that the following NEW GROUNDS
OF REJECTION are entered: Claims 1–5, 10, 11, 13, 14, and 16 are rejected
under 35 U.S.C. § 102(b) as anticipated by Kobe; or as obvious under § 103
over Kobe.
This decision contains a new ground of rejection pursuant to 37 CFR
§ 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960 (August 12,
2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)). 37 CFR
§ 41.50(b) provides "[a] new ground of rejection pursuant to this paragraph
shall not be considered final for judicial review."
37 CFR § 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. . . .
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