Appeal No. 2006-2084
Reexamination Control No. 90/006,360
CONCLUSION
The rejections of claims 16-19 are sustained
The rejections of claims 1-15 are reversed.
A new ground of rejection is entered as to claims 1-19 under 35 U.S.C.
§ 103(a).
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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