Appeal 2007-0002
Application 10/188,485
skill in the art at the time of the invention in view of Naramura, Smith, and Russell,
and claims 3 and 8-10 would have been obvious to one having ordinary skill in the
art at the time of the invention in view of Naramura, Smith, Russell, and Glaros.
DECISION
The decision of the Examiner to reject claims 1 and 3-10 is not sustained.
Pursuant to 37 C.F.R. § 41.50(b), we enter new grounds of rejection under 35
U.S.C. § 103 of claims 1 and 4-7 as obvious in view of Naramura, Smith, and
Russell and claims 3 and 8-10 as obvious in view of Naramura, Smith, Russell, and
Glaros.
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 C.F.R. § 41.50(b) also provides that 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. . . .
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