Appeal No. 2005-2273 Page 13
Application No. 10/319,026
III. CONCLUSION
In summary, the examiner's rejections of claims 21-26 under § 103(a) are
reversed. A new rejection of claim 21 under § 103(a), however, is added.
37 C.F.R. § 41.50(b) provides that "[a] new grounds of rejection pursuant to this
paragraph shall not be considered final for judicial review." Section 41.50(b) also
provides that, within two months from the date of the decision, the appellant must
exercise one of the following options to avoid termination of proceedings of the rejected
claims:
(1) 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. . . .
(2) Request that the proceeding be reheard under 37 C.F.R. § 41.52 by
the Board upon the same record. . . .
No time for taking any action connected with this appeal may be extended under 37
C.F.R. § 1.136(a).
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