Appeal No. 2006-0889
Application No. 10/174,918
Conclusion
In view of the foregoing discussion, we have not sustained the rejection under
35 U.S.C. § 103 of claims 1-22, and we have entered a new grounds of rejection against
claims 1-4 under 37 C.F.R. § 41.50(b).
As indicated supra, this decision contains a new grounds of rejection pursuant to
37 C.F.R. § 41.50(b) (effective September 13, 2004).
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.”
37 C.F.R. § 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 grounds of rejection to avoid termination of proceedings (37 C.F.R. §
1.197 (b) (amended effective September 13, 2004)) as to 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 …
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