Appeal No. 2005-2744
Application No. 09/849,979
examiner, in which event the proceeding will be remanded to the
examiner. . . .
(2) Request rehearing. Request that the proceeding be reheard
under § 41.52 by the Board upon the same record. . . .
In summary we sustain the examiner’s rejection of claims 58, 60
through 62, 65, 67, 69, 71 through 73, 76, 78, 80 and 81 however we will
not sustain the examiner’s rejection of claims 59, 63, 64, 66, 68, 70, 74,
75, 77 and 79. Further, pursuant to 37 CFR § 41.50(b), we enter a new
grounds of rejection against claims 59, 70 and 81.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 CFR § 1.136(a) (1) (iv).
AFFIRMED-IN-PART
37 CFR § 41.50(b)
ANITA PELLMAN GROSS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
HOWARD B. BLANKENSHIP ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
ROBERT E. NAPPI )
Administrative Patent Judge )
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