Appeal No. 2006-1827
Application No. 09/941,383
subsequently (Apr. 8, 2003). If the examiner wishes to rely
upon Koaizawa anew as the primary reference for rejections,
he must enter new grounds of rejection for the claimed
subject matter. Applicant would then be able to consider
action under Rule 131. 37 C.F.R. § 1.131(a)(2004).
ORDER
For the reasons stated herein, it is ORDERED THAT this
application is remanded for action consistent with the views
expressed herein.
10
)
John P. McQuade )
Administrative Patent Judge )
)
) BOARD OF PATENT
)
John C. Martin ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
20 )
)
Teddy S. Gron )
Administrative Patent Judge )
TSG/lp
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