Appeal 2006-3013
Application 10/367,849
this rejection. The Examiner has not shown that the additional references
relied upon to reject claims 15 through 24 make up for the deficiencies noted
in the rejection of independent claim 14. Accordingly, we also reverse the
Examiner’s rejection of claims 15 through 24 under 35 U.S.C. § 103(a). In
accordance with 37 C.F.R. § 41.50(b) we also now reject independent claims
14, and 31 under 35 U.S.C. § 103(a) as being obvious.
ORDER
The decision of the Examiner is reversed.
This decision contains a new ground of rejection pursuant to
37 C.F.R. § 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49,960
(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:
(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. . . .
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