Appeal No. 2004-0779
Application No. 09/790,185 Page 13
CONCLUSION
To summarize, the decision of the examiner to reject claims
1 and 7 under 35 U.S.C. § 102(b) is reversed. The decision of
the examiner to reject claims 2-4 under 35 U.S.C. § 102(b) or in
the alternative under 35 U.S.C. § 103(a) is reversed. The
decision of the examiner to reject claim 5 under 35 U.S.C.
§ 103(a) is reversed. A New Ground of Rejection of claims 1-5
and 7 under 35 U.S.C. § 112, second paragraph, has been entered
under 37 CFR 41.50(b). 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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Last modified: November 3, 2007