Appeal No. 2005-2234
Application No. 10/135,005
obvious over claims 1 through 13 of U.S. Patent No. 6,039,000 is
affirmed.
All of the other art rejections are reversed.
However, we remand this application to the examiner for
consideration of issues, including any new grounds of rejection,
if need be, pursuant to 37 CFR § 41.50(a)(1) (effective
September 13, 2004; 69 Fed. Reg. 49960 (August 12, 2004); 1286
Off. Gaz. Pat. Office 21 (September 7, 2004)); Manual of Patent
Examining Procedure (MPEP) § 1211 (8th ed., Rev. 2, May 2004);
1200-29 – 1200-30).
In view of the above remand to the examiner, for further
prosecution of this application, this decision is not final for
purposes of judicial review. 37 CFR § 41.50(e) (effective
September 13, 2004; 69 Fed. Reg. 49960 (August 12, 2004);
1286 Off. Gaz. Pat. Office 21 (September 7, 2004)).
This application is remanded to the examiner, via the
Office of a Director of the Technology Center, for appropriate
action, in view of the above comments.
This application, by virtue of its “special” status,
requires immediate action. See MPEP § 708.01(D) (8th ed.,
-9-
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