Appeal No. 2006-3202 Page 14
Application No. 10/323,592
Specification, page 1, line 26-page 2, line 6. In the later filed patent, Casscells’ 261
expands these results to a preferred range of about 0.2 to 5°C. In other words, it
appears that Casscells was motivated to improve its own work, extending the method’s
sensitivity from a disclosed value of 0.4°C to a preferred value of about 0.2°C in the ‘261
patent.
Time Period
Regarding the affirmed rejection, 37 C.F.R. § 41.52(a)(1) provides “[a]ppellant
may file a single request for rehearing within two months from the date of the original
decision of the Board.”
In order to preserve the right to seek review under 35 U.S.C. §§ 141 or 145 with
respect to the affirmed rejection, the effective date of the affirmance is deferred until
conclusion of the prosecution before the examiner on remand.
This remand to the examiner pursuant to 37 C.F.R. § 41.50(a)(1) (effective
September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat. Office
21 (September 7, 2004)) is made for further consideration of a rejection. Accordingly,
37 C.F.R. § 41.50(a)(2) applies if a supplemental examiner's answer is written in
response to this remand by the Board.
This application, by virtue of its “special” status, requires an immediate action.
Manual of Patent Examining Procedure § 708.01. It is important that the Board be
informed promptly of any action affecting the appeal in this case.
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