Appeal 2006-3219
Application 10/122,270
In view of our affirmance of the decision of the Primary Examiner, we
decline to exercise our authority under 37 C.F.R. § 41.50(b) (2006) and enter
a new ground of rejection of the appealed claims over the French Patent on
the above basis, leaving it to the Examiner to consider a translation of this
patent document and enter any new ground(s) of rejection based thereon and
any other reference(s) as deemed appropriate.
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) (2006).
AFFIRMED
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BROOKS, KUSHMAN, P.C.
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Twenty-Second Floor
Southfield, MI 48075
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