Appeal No. 2005-0970 Page 10
Application No. 09/918,760
DECISION
The rejections of claims 1-12 and 14-24 under 35 U.S.C.
§ 102(b) over Narita, claims 1, 3-12, 14, 16 and 18-24 under
35 U.S.C. § 102(e) over Nureki, claim 13 under 35 U.S.C. § 103
over Narita or Nureki, and claims 2, 15 and 17 under 35 U.S.C.
§ 103 over Nureki in view of Barker, are reversed as to claims 1-
8 and 16-24 and affirmed as to claims 9-15. New grounds of
rejection of claim 24 have been entered under 37 CFR § 41.50(b).
In addition to affirming the examiner's rejection(s) of one
or more claims, 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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