Ex Parte Colson et al - Page 20

                Appeal 2007-0278                                                                              
                Application 10/042,047                                                                        


                                                 DECISION                                                     
                      We sustain the Examiner’s rejection of claims 1, 2, 4-8, 10-14, 16-20,                  
                22-28, 30-36, and 38-42, but we reverse the Examiner’s rejection of claims                    
                3, 9, 15, 21, 29, and 37.  Therefore, the decision of the Examiner rejecting                  
                claims 1-42 is affirmed-in-part.                                                              
                      We have entered a new grounds of rejection against claims 3, 9, 15,                     
                21, 29, and 37 under 37 C.F.R. � 41.50(b).                                                    
                      As indicated supra, this decision contains a new ground of rejection                    
                pursuant to 37 C.F.R. � 41.50(b) (amended effective September 13, 2004, by                    
                final rule notice 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat.                   
                & Trademark Office 21 (September 7, 2004)).  37 C.F.R. � 41.50(b)                             
                provides that “A new ground of rejection . . . shall not be considered final                  
                for judicial review.”                                                                         
                37 C.F.R. � 41.50(b) also provides that the Appellants, 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) 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 . . .                                             




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