Appeal No. 2007-0332
Application No. 10/316,312
under 37 C.F.R. § 41.50(b). We leave it to the Examiner to determine the
appropriateness of any further rejections based on the Chipman reference
alone or in combination with any other prior art references.
DECISION
In summary, we have reversed the Examiner’s rejection of all the
claims on appeal. Therefore, the decision of the Examiner rejecting claims
1-9, 14-21, and 27-30 is reversed.
We have entered a new grounds of rejection against claim 1 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 appellant, 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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