Appeal 2007-0325
Application 09/780,248
1 • The rejection of claim 29 under 35 U.S.C. § 103(a) as obvious over Holden
2 is not sustained.
3 • The rejection of claims 30 and 32 under 35 U.S.C. § 103(a) as obvious over
4 Holden and Alaia is not sustained.
5 • Pursuant to 37 C.F.R. § 41.50(b), we enter the following new grounds of
6 rejection:
7 o Claims 5-7 and 28-32 are rejected under 35 U.S.C. § 101 as being
8 directed toward non-statutory subject matter.
9
10 Regarding the affirmed rejection(s), 37 C.F.R. § 41.52(a)(1) provides
11 "Appellant may file a single request for rehearing within two months from the date
12 of the original decision of the Board."
13 In addition to affirming the Examiner's rejection(s) of one or more claims, this
14 decision contain a new ground of rejection pursuant to 37 C.F.R. § 41.50(b)
15 (effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off.
16 Gaz. Pat. Office 21 (September 7, 2004)). 37 C.F.R. § 41.50(b) provides “[a] new
17 ground of rejection pursuant to this paragraph shall not be considered final for
18 judicial review.”
19 37 C.F.R. § 41.50 (b) also provides that the Appellant, WITHIN TWO
20 MONTHS FROM THE DATE OF THE DECISION, must exercise one of the
21 following two options with respect to the new ground of rejection to avoid
22 termination of the appeal as to the rejected claims:
23 (1) Reopen prosecution. Submit an appropriate amendment of the claims so
23 rejected or new evidence relating to the claims so rejected, or both, and have the
24
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