Appeal 2007-0135
Application 10/138,088
1 OBSERVATIONS AND REMARKS
2 Because we are primarily a board of review, we have only applied Ohmi to
3 claim 1. We leave it to the Examiner to determine whether any or all of
4 claims 17-25 should also be rejected over Ohmi alone, or in combination
5 with other prior art.
6
7 CONCLUSION OF LAW
8 The rejection of claims 2, 9, 13, 16, 26-28, 34-36, and 40 under 35
9 U.S.C. § 103(a) is sustained, and designated as a New ground of Rejection
10 under 37 C.F.R. § 41.50(b). The rejection of claims 1, 3-8, 10-12, 14-15,
11 17-25, 29-33, 37-39, 41, and 42 under 35 U.S.C. § 103(a) is reversed. We
12 enter a New ground of Rejection of claim 1 under 35 U.S.C. § 102(b), and
13 we Remand the application to the Examiner to address the limitations of
14 claims 6-8, 10-12, 14-15, 29-33, 37-39, 41, and 42.
15 This Decision contains a New Ground of Rejection pursuant to
16 37 C.F.R. § 41.50(b) (effective September 13, 2004). 37 C.F.R. § 41.50(b)
17 provides "[a] new ground of rejection pursuant to this paragraph shall not be
18 considered final for judicial review." 37 C.F.R. § 41.50(e) provides that
19 [w]henever a decision of the Board includes a remand,
20 that decision shall not be considered final for judicial review.
21 When appropriate, upon conclusion of proceedings on remand
22 before the examiner, the Board may enter an order otherwise
23 making its decision final for judicial review.
24
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