Ex Parte Diaz et al - Page 14



            Appeal No. 2006-1554                                                Page 14                   
            Application No. 10/369,819                                                                       
                                              CONCLUSION                                                     
                   To summarize, the decision of the examiner to reject claims 1-6 is reversed.              
            Under the provisions of 37 C.F.R. § 41.50(b), we enter a new ground of rejection                 
            of claim 1 under 35 U.S.C. § 103(a) as being unpatentable over Hrehor in view of                 
            common knowledge, as taught by Jezbera and/or HP Jornada User’s Manual.                          
                   This decision contains a new ground of rejection pursuant to 37 C.F.R. §                  
            41.50(b) (effective September 13, 2004).  37 C.F.R. § 41.50(b) provides, "[a] new                
            ground 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 appellants, 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 the appeal as to the rejected claims:                                             
                         (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. The request for rehearing must address any new                              
                         ground of rejection and state with particularity the points                         
                         believed to have been misapprehended or overlooked in                               
                         entering the new ground of rejection and also state all                             
                         other grounds upon which rehearing is sought.                                       










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