Appeal 2007-0481
Application 10/654,049
Because we find none of Appellant’s arguments persuasive, we agree
with the Examiner’s rejection of appealed claims 1-6, 8-10, and 13-15.
CONCLUSION OF LAW
We conclude that the Examiner did not err in rejecting claims 1-6, 8-
10, and 13-15. The rejection of claims 1-6, 8-10, and 13-15 is affirmed.
DECISION
The Examiner's rejection of claims 1-6, 8-10, and 13-15 is affirmed.
We designate our affirmation of the rejection of claims 1-6, 8-10, and
13-15, which includes newly cited prior art, as a new ground of rejection
under 37 CFR § 41.50(b).
37 CFR § 41.50(b) provides that, “[a] new grounds of rejection
pursuant to this paragraph shall not be considered final for judicial review.”
37 CFR § 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 grounds of rejection to
avoid termination of proceedings 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 …
(2) Request that the proceeding be reheard under 37 CFR § 41.52 by
the Board upon the same record …
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 CFR § 1.136(a)(1)(iv).
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Last modified: September 9, 2013