Appeal No. 2006-1607
Application 10/062,894
In summary, the signal of claims 1-10 is unpatentable subject matter because it does not
fall within any category of § 101.
CONCLUSION
The rejections of claims 1-20 are reversed.
A new ground of rejection has been entered as to claims 1-10 under 35 U.S.C. § 101.
This decision contains new grounds of rejection pursuant to 37 CFR § 41.50(b) (2005).
37 CFR § 41.50(b) provides that "[a] new ground of rejection pursuant to this paragraph shall not
be considered final for judicial review."
37 CFR § 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 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. . . .
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