Appeal No. 2006-1814
Application 10/365,314
answer discuss Little. Pages 9 through 12 of the reply brief at best appear to mix the examiner’s
arguments of Brown and Little together.
In summary, we have pro forma reversed the prior art rejections of claims 3 and 5
through 29 and instituted our own rejections of these claims under the second paragraph of 35
U.S.C. § 112. We have remanded the application to the examiner for various reasons to
address arguments in the reply brief in the absence of the filing of any supplemental answer.
This decision contains a new ground of rejection pursuant to 37 CFR § 41.50(b)
(effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat.
Office 21 (September 7, 2004)). 37 CFR § 41.50(b) provides "[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:
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