Appeal No. 2007-0055 Page 18
Application No. 10/053,299
Summary
The rejection of claims 1, 5-16, 18, 25, 31, 32, 34, and 41-44 is affirmed. The
rejection of claims 2, 3, and 4 is reversed.
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 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. . . .
(2) Request rehearing. Request that the proceeding be reheard under
§ 41.52 by the Board upon the same record. . . .
Should Appellants elect to prosecute further before the examiner pursuant to
37 CFR § 41.50(b)(1), in order to preserve the right to seek review under 35 U.S.C.
§§ 141 or 145 with respect to the affirmed rejection, the effective date of the affirmance
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Last modified: September 9, 2013