Appeal No. 2006-2797 Page 14
Application No. 09/341,821
Summary
We affirm the rejection of claims 1-4, 13, and 17 as anticipated by prior art and
the rejection of claim 9, 19, and 20 as obvious over prior art. We set forth a new
grounds of rejection for claim 8 as anticipated by prior art. The rejection of claims 5, 6,
10, 14, 15, and 18 is reversed.
Time Period for Response
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a).
This decision contains a new ground of rejection pursuant to 37 C.F.R.
§ 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286
Off. Gaz. Pat. Office 21 (September 7, 2004)). 37 C.F.R. § 41.50(b) provides "[a] new
ground of rejection pursuant to this paragraph shall not be considered final for judicial
review."
37 C.F.R. § 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:
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Last modified: November 3, 2007