Appeal No. 2006-1513 Παγε 13
Application No. 10/068,574
Should the appellants elect to prosecute further before the
examiner pursuant to 37 CFR § 41.50(b)(1), in order to preserve
the right to seek review under 35 U.S.C. §§ 141 or 145 with
respect to the affirmed rejection, the effective date of the
affirmance is deferred until conclusion of the prosecution before
the examiner unless, as a mere incident to the limited
prosecution, the affirmed rejection is overcome.
CONCLUSION
To summarize, the decision of the examiner to reject claims
21-27 under 35 U.S.C. § 103(a) is reversed. The decision of the
examiner to reject claims 28-33 under 35 U.S.C. § 103(a) is
affirmed. In addition, we have entered a New Ground of Rejection
of claim 21; 37 CFR § 41.50(b).
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