Appeal 2007-0040
Application 10/170,069
Patent 6,073,699
the body parts together defining an interior opening
through the elevator for accommodating a wellbore tubular
therein [Figs. 3 and 4, the center area encircled by semiannular
segments 28 and 30],
first hinge apparatus [Figs. 3 and 4, left side hinge
pin 34] hingedly connecting the two body parts together and
permitting the two body parts to be hingedly openable on a first
side of the elevator, and
second hinge apparatus [Figs. 3 and 4, right side hinge
pin 34] disposed across from the first hinge apparatus, the
second hinge apparatus hingedly connecting the two body parts
together and permitting the two body parts to be hingedly
openable on a second side of the elevator.
For the reasons supra, we reject of claim 4 under 35 U.S.C. § 102(b)
using our authority under 37 C.F.R. § 41.50(b).
37 C.F.R. § 41.50(b) provides that, “[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 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 proceedings (37 C.F.R. § 1.197 (b) 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
37 C.F.R. § 41.52 by the Board upon the same record …
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