1 D. Order
2 Upon consideration of the record, and for the reasons given, it
3 is
4 ORDERED that the decision of the examiner rejecting claims 1-20
5 under 35 U.S.C. § 103 is affirmed.
6 FURTHER ORDERED that applicant is authorized to treat the
7 affirmance as a new ground of rejection, in which case applicant may
8 exercise the one of the two options set out in 37 CFR § 41.50(b) (2006):
9 (1) reopen prosecution before the examiner with new evidence or
10 amendments to the claims or both or (2) request rehearing.
11 FURTHER ORDERED that if applicant elects to treat our affirmance
12 as a new ground of rejection the time for taking action under 37 CFR
13 § 41.50(b) is set to expire two months from the date of this opinion.
14 FURTHER ORDERED that if applicant elects to treat our affirmance
15 as not being a new ground of rejection, the time for seeking judicial review
16 is two months from the date of this opinion. 37 CFR § 1.304 (2006).
17 FURTHER ORDERED that in view of the affirmance of the rejection
18 under § 103 it is unnecessary to consider the remaining rejections under
19 § 112.
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