Appeal No. 2006-0476
Application No. 10/365,258
rejected, or both, and have the matter reconsidered by the
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. . . .
We sustain the examiner’s rejection of claims 29 and 30 under 35 U.S.C.
§ 102. However we will not sustain the examiner’s rejections of claims 12
through 15, 17, 19, 20, 23 through 26, 31 through 35 under 35 U.S.C. § 102, nor
will we sustain the examiner’s rejections of claims 1 through 4, 6, through 11, 21,
22, 27, 28 and 36 through 42 under 35 U.S.C. § 103. Additionally, we enter a
new ground of rejection against claims 1, 12, 23, 24, 29, 32 and 40.
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