Appeal Number: 2006-2066
Application Number: 10/743,461
DECISION
The rejections of claims 1-4, 7-21 and 24-32 under
35 U.S.C. § 102(e) over Edwards, claims 5 and 6 under
35 U.S.C. § 103 over Edwards in view of Laapotti, claims 22
and 23 under 35 U.S.C. § 103 over Edwards in view of Bluhm and
Tapio, and claim 33 under 35 U.S.C. § 103 over Edwards in view
of Sauer, are reversed. A new rejection of claim 1 has been
entered under 37 CFR § 41.50(b), and the application is remanded
to the examiner to address claims 2-33.
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:
(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.
. . .
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