Ex Parte Mehrotra et al - Page 10



         Appeal No. 2005-0239                                                       
         Application No. 10/145,421                                                 


                                   NEW REJECTION                                    
              Pursuant to 37 CFR § 41.50 (b) (2004), we set forth a new             
         ground of rejection against claims 1 and 5.                                
              Claims 1 and 5 are rejected under 35 U.S.C. § 103 as                  
         unpatentable over the combined teachings of Choi and Lin.  For             
         the factual findings and conclusions set forth above with respect          
         to claims 2 and 7 through 17, we determine that the claimed                
         subject matter here would have been obvious to one of ordinary             
         skill in the art within the meaning of 35 U.S.C. § 103.                    
                                     CONCLUSION                                     
              In view of the foregoing, we reverse the examiner’s decision          
         rejecting claims 1 and 5 under Section 102, affirm the examiner’s          
         decision rejecting claims 2, 3 and 7 through 17 under Section 103          
         and set forth a new ground of rejection against claims 1 and 5             
         under Section 103.                                                         
              Regarding the affirmed rejection(s), 37 CFR § 41.52(a)(1)             
         provides "[a]ppellants may file a single request for rehearing             
         within two months from the date of the original decision of the            
         Board."                                                                    
              In addition to affirming the examiner's rejection(s) of one           
         or more claims, this decision contains a new ground of rejection           
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