Appeal 2006-2673
Application 10/004,192
CONCLUSION
In view of the foregoing, we reverse the Examiner’s 35 U.S.C.
§ 102(e) rejection of claims 1, 10, and 11, as well as the 35 U.S.C. § 103(a)
rejection of claims 2-9 and 12-20. A new rejection of claims 1 and 10 under
35 U.S.C. § 102(e) is entered pursuant to 37 C.F.R. § 41.50(b).
37 C.F.R. § 41.50(b) provides A[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:
(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 C.F.R. § 1.136(a)(1)(iv).
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