Appeal No. 2006-0737
Reexamination Control No. 90/005,944
Reexamination of U.S. Patent No. 4,847,448
The rejection of claims 5 and 8 under 35 U.S.C. § 103(a) as
being unpatentable over JP ‘321 in view of JP ‘622, further in
view of FDJ is REVERSED.
A new ground of rejection is entered against claims 5 and 8
under 35 U.S.C. § 103(a) as being unpatentable over JP ‘321 in
view of JP ‘622, Townsend, and Leef, further in view of FDJ.
NOTICE
This decision contains a new ground of rejection pursuant to
37 CFR § 41.50(b), which provides that, “A new ground of rejection
pursuant to this paragraph shall not be considered final for
purposes of judicial review.”
37 CFR § 41.50(b) also provides that the appellant, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of the
following two options with respect to the new ground of rejection
to avoid termination of proceedings as to the rejected claims:
(1) Submit an appropriate amendment of the claims so rejected
or a showing of facts relating to the claims so rejected, or both,
and have the matter reconsidered by the examiner, in which event
the application will be remanded to the examiner. . . .
(2) Request that the application be reheard under § 41.52 by
the Board of Patent Appeals and Interferences upon the same
record. . . .
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