Appeal No. 2006-1187
Application No. 10/056,832
(1) Reopen prosecution. 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 rehearing. Request that the proceeding be reheard
under § 41.52 by the Board upon the same record. . . .
We sustain the examiner’s rejections of: a) claims 1, 3 through 7, 9
through 12, 14 through 20, 22, 24 through 32, 49 and 51 under 35 U.S.C. § 101;
b) claims 1, 4 and 5 under 35 U.S.C. § 102 and c) claims 3, 8, 19, 23, 24, 27, 28,
31, 32 and 51 35 U.S.C. § 103. However we will not sustain the examiner’s
rejections of: a) claims 8, 13, 23 and 52 under 35 U.S.C. § 101; b) claim 51 under
35 U.S.C. § 112 paragraph 1; c) claims 6, 7, 9, 10, 12, 14, 15 33 through 39 and
45 under 35 U.S.C. § 102; nor d) claims 11, 13, 16 through 18, 20, 22, 25, 29
and 30 under 35 U.S.C. § 103. Additionally, we enter a new ground of rejection
against claim 33 under 35 U.S.C. § 102
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