Appeal No. 2006-2240
Application No. 10/232,015
Conclusion
In summary, sustain the examiner’s rejection of claims 1 through 3, 5 through 7,
11 through 19, 21, 22, 23 and 27 through 36 under 35 U.S.C. § 103. However, we will
not sustain the examiner’s rejection of claims 8 through 10, and 24 through 26 under
35 U.S.C. § 103. We also enter a new grounds of rejection against claim 36 under
35 U.S.C. § 101. The decision of the examiner is affirmed in part. 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. . . .
(2) Request rehearing. Request that the proceeding be reheard under
§ 41.52 by the Board upon the same record. . . .
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