Appeal Number: 2006-3291
Application Number: 10/178,845
• The rejection of claim 10 under 35 U.S.C. § 103(a) as obvious over Davis,
Vento and Riach is sustained.
• The rejection of claims 21-23 under 35 U.S.C. § 103(a) as obvious over
Davis is not sustained.
• A new ground of rejection of claims 1, 2, 4-13, 22 and 24 under 35 U.S.C.
§ 112, second paragraph, as failing to particularly point out and distinctly claim
the subject matter which the applicant regards as his invention is made under
37 CFR § 41.50(b).
Regarding the affirmed rejection(s), 37 CFR § 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 addition to affirming the examiner's rejection(s) of one or more claims,
this decision contains new grounds of rejection pursuant to 37 CFR § 41.50(b)
(effective September 13, 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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