Appeal No. 2005-1833 Page 10
Application No. 10/338,337
CONCLUSION
To summarize, the rejection of claims 23-27, 30, 32-34 and 39-42 as being
anticipated by Castner is reversed as to claims 23-27, 30 and 32 and affirmed as to
claims 33, 34 and 39-42 and the rejection of claims 31 and 38 as being unpatentable
over Castner in view of Markey is reversed as to claim 31 and affirmed as to claim 38.
The examiner’s decision is affirmed-in-part. A new rejection of claims 23-32 under 35
U.S.C. § 112, first paragraph, is entered pursuant to 37 CFR § 41.50(b).
Regarding the affirmed rejection(s), 37 CFR § 41.52(a)(1) provides "[a]ppellant
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 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 appellants, 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. . . .
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007