Appeal 2007-0408
Application 10/150,014
III. DECISION AND ORDER
In summary, we reverse the decision of the Examiner with regard to the
rejections under the enablement requirement, but order the entry of a new
rejection of claims 11, 13, 14, 16, 18-20, 22-25, 27, and 29-31 for lack of
written descriptive support under 35 U.S.C. § 112, ¶ 1.
IV. PROCEDURAL MATTERS
This decision contains a new ground of rejection pursuant to
37 C.F.R.§ 41.50(b). 37 C.F.R. § 41.50(b) provides “[a] new ground of
rejection pursuant to this paragraph 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) Reopen prosecution. 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. . . .
(2) Request rehearing. Request that the proceeding be reheard
under § 41.52 by the Board upon the same record. . . .
REVERSED
NEW GROUND OF REJECTION
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