Appeal No. 2006-0026 Application No. 10/012,518 independent claim 1, and dependent claims 3 and 5, as being unpatentable over Bellamy in view of Schmidt and the admitted prior art. SUMMARY The decision of the examiner to reject claims 1, 3 and 5 under 35 U.S.C. § 103(a) is reversed, and a new rejection of these claims under 35 U.S.C. § 112, second paragraph, is entered pursuant to 37 CFR § 41.50(b) with a recommendation under 37 CFR § 41.50(c) as to how the new rejection can be overcome. 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." 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007