Appeal No. 2006-2217
Reexamination Control Nos. 90/006,789 and 90/007,420
CONCLUSION
The rejections of claims 1, 6, 12, and 17 are reversed.
New grounds of rejection of claims 1, 6, 12, and 17 are
entered under 35 U.S.C. § 103(a) pursuant to 37 CFR § 41.50(b).
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."
Regarding any affirmed rejection, 37 CFR § 41.52(a)(1)
provides: (a)(1) Appellant may file a single request for
rehearing within two months of the date of the original
decision of the Board. . . .
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. . . .
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a)(1)(iv) (2004).
REVERSED - 37 CFR § 41.40(b)
LEE E. BARRETT )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JAMESON LEE ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
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