Appeal No. 2006-1870 Παγε 13
Application No. 10/100,901
CONCLUSION
To summarize, the decision of the examiner to reject claims
1-6 and 8-10 under 35 U.S.C. § 103 is reversed. In addition, we
enter a New Ground of Rejection of claims 1 and 9 under 35 U.S.C.
§ 102(b) as being anticipated by James, or in the alternative
under 35 U.S.C. § 103(a) as being unpatentable over James, under
the provisions of 37 CFR § 41.50(b).
This decision contains a New Ground of Rejection pursuant to
37 CFR § 41.50(b) (effective September 13, 2004). 37 CFR
§ 41.50(b) provides "[a] new ground of rejection pursuant to this
paragraph shall not be considered final for judicial review."
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