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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