Appeal 2006-3416
Application 10/884,751
DECISION
The decision of the Examiner to reject claims 3, 11-14, and 17-21 is
reversed. We enter a new ground of rejection of claim 3 under 35 U.S.C. § 112,
second paragraph and a new ground of rejection of claims 3, 11-13, and 17-19
under 35 U.S.C. § 112, first paragraph.
This decision contains new grounds of rejection pursuant to 37 C.F.R.
§ 41.50(b) (2006). 37 C.F.R. § 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 grounds 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 . . . .
(2) Request rehearing. Request that the proceeding be
reheard under § 41.52 by the Board upon the same record
. . . .
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(1)(iv) (2006).
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