Appeal 2006-2492
Application 09/916,247
The rejection of claims 26-28, 31, and 33-36 under 35 U.S.C. §102(e)
as anticipated by Del Vecchio is reversed.
The rejection of claims 29, 30, and 32 are rejected under 35 U.S.C.
§103 as obvious over the combined teachings of Del Vecchio and Smith is
vacated and returned to the Examiner for proper analysis of the independent
claim and other dependent claims under § 103.
The provisional rejection of claims 26-29, 31, and 33 for a statutory
double patenting over the copending claims 1-6 of application 11/106,681, is
affirmed.
The provisional rejection of claims 26-36 for obviousness-type double
patenting over the copending claims 7-29 of application number 11/106,681,
is affirmed.
We remand the application to the Examiner for proper determination
of whether the subject matter of claims 26-36 is obvious within the meaning
of 35 U.S.C. § 103(a) over the Smith and/or Del Vecchio references
individually or combined.
In addition to affirming the Examiner's rejection of one or more
claims, this decision contains a remand. 37 C.F.R. § 41.50(e) (2004)
provides that
[w]henever a decision of the Board includes a remand, that
decision shall not be considered final for judicial review. When
appropriate, upon conclusion of proceedings on remand before the
examiner, the Board may enter an order otherwise making its decision
final for judicial review.
Regarding any affirmed rejection, 37 C.F.R. § 41.52(a)(1) provides
"Appellant may file a single request for rehearing within two months of the
date of the original decision of the Board."
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