Appeal Number: 2006-3172
Application Number: 10/420,685
iterations shown, are patentable in view of Cottingham and the remaining art of
record.
CONCLUSION
To summarize,
• The rejection of claims 1-7 and 11-20 under 35 U.S.C. § 103(a) as obvious
over Wills and Hodgson is not sustained.
• The rejection of claims 8, 9, 21 and 22 under 35 U.S.C. § 103(a) as obvious
over Wills, Hodgson and Theisen is not sustained.
• Pursuant to 37 CFR § 41.50(b), we enter the following new ground of
rejection
o Independent claims 1, 11 and 14, and dependent claims 2, 3, 6, 7, 8,
12, 13, 15, 16, 19, 20 and 21 are rejected under 35 U.S.C. § 102(b) as
anticipated by Cottingham.
This decision contains a new ground of rejection pursuant to 37 CFR §
41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004),
1286 Off. Gaz. Pat. Office 21 (September 7, 2004)). 37 CFR § 41.50(b) provides
“[a] new ground of rejection pursuant to this paragraph shall not be considered
final for judicial review.”
37 CFR § 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
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