Appeal No. 2004-0622 Page 8
Application No. 09/875,602
CONCLUSION
To summarize, the decision of the examiner to reject claim 11 under 35 U.S.C.
§ 112, second paragraph, claims 1-4 and 6 under 35 U.S.C. § 102 and claims 7-11
under 35 U.S.C. § 103 is reversed and new grounds of rejection of claims 1-4 and 6-11
under 35 U.S.C. § 112, first and second paragraphs, are entered pursuant to 37 CFR
§ 1.196(b).
This decision contains new grounds of rejection pursuant to 37 CFR § 1.196(b),
which provides that, "A new ground of rejection shall not be considered final for
purposes of judicial review."
37 CFR § 1.196(b) also provides that appellants, WITHIN TWO MONTHS FROM
THE DATE OF THE DECISION, must exercise one of the following two options with
respect to the new grounds of rejection to avoid termination of proceedings (§ 1.197(c))
as to the rejected claims:
(1) Submit an appropriate amendment of the claims
so rejected or a showing of facts relating to the claims so
rejected, or both, and have the matter reconsidered by the
examiner, in which event the application will be remanded to
the examiner. . . .
(2) Request that the application be reheard under
§ 1.197(b) by the Board of Patent Appeals and Interferences
upon the same record. . . .
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