Appeal 2006-3282
Application 09/683,353
was overlooked; however in future appeals an administrative remand would
be appropriate.
CONCLUSIONS OF LAW
In view of the foregoing discussion, we sustain the Examiner’s
rejection under 35 U.S.C. § 102(b) of claims 1, 3, 5, 6, 8, 9, 16, and 18 to 19
under the various references as itemized above. We have sustained the
rejection under 35 U.S.C. §103(a) of claim 17.
The Examiner’s rejection of claim 20 is reversed.
We have entered a new ground of rejection for claim 20.
ORDER
The rejections are AFFIRMED in PART as indicated above.
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
rejected, or both, and have the matter reconsidered by the
examiner, in which event the proceeding will be remanded to
the examiner. . . .
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