Appeal No. 2006-1371
Application No. 10/323,250
Remand
The appellants’ claims 19-23 are comparable to the claims
rejected over Evers or Chacko, in view of Carnes, yet the
examiner did not reject claims 19-23 over those combinations of
references. We therefore remand the application for the examiner
to consider rejecting claims 19-23 over Evers or Chacko, in view
of Carnes.
DECISION
The rejection under 35 U.S.C. § 103 of claims 19-23 over
Carnes is reversed. The rejections under 35 U.S.C. § 103 of
claims 1, 6-18 and 24-27 over Evers in view of Carnes, and claims
1-5 over Chacko in view of Carnes, are affirmed. The application
is remanded to the examiner.
In addition to affirming the examiner's rejection of one or
more claims, this decision contains a remand. 37 CFR § 41.50(e)
(effective September 13, 2004, 69 Fed. Reg. 49960 (August 12,
2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004))
provides that
[w]henever a decision of the Board includes a remand, that
decision shall not be considered final for judicial review.
When appropriate, upon conclusion of proceedings on remand
before the examiner, the Board may enter an order otherwise
making its decision final for judicial review.
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