Appeal Number: 2007-0133
Application Number: 10/223,466
DECISION
Appellant’s request is granted to the extent that the decision has been
reconsidered. The request is denied with respect to reversing the decision as to the
rejection of claims 1, 5 through 15, 35, and 37 under 35 U.S.C. § 101 as directed to
non-statutory subject matter. This decision supplements our February 21, 2007
opinion, and to the extent that it differs, this opinion supersedes the February 21,
2007 opinion. The rejection of claims 1, 5 through 15, 35, and 37 under 35 U.S.C.
§ 101 as directed to non-statutory subject matter is sustained.
Since we have relied on reasons for unpatentability under 35 U.S.C. § 101
different from the Examiner’s, we designate our affirmance of the Examiner’s
rejection as a new rejection within the meaning of 37 C.F.R. § 41.50(b) (2006).
Our decision is not a final agency action.
37 C.F.R. § 41.50(b) 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 rejection:
(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. . . .
17
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: September 9, 2013