Appeal 2006-2269 Application 10/051,938 This remand to the Examiner pursuant to 37 C.F.R. § 41.50(a)(1) (2006) is not made for further consideration of a rejection. Accordingly, 37 C.F.R. § 41.50(a)(2) (2006) does not apply. CONCLUSION We have affirmed the § 103(a) rejection of claims 38-40, 43, 52, 54-56, 59, 67-70, 73, 77-78 and 81-84 over Duncan in view of Funkhouser. We have affirmed the § 112, 1st paragraph rejection of claims 46-48, 62-64 and 76 as lacking written description. The Examiner’s decision is affirmed and the application is remanded to the Examiner. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv)(2006). AFFIRMED & REMANDED tf/clj Cognis Corporation Patent Department 300 Brookside Avenue Ambler, PA 19002 14Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
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