Appeal 2007-0522
Application 10/723,817
ORDER
The decision of the Examiner rejecting claims 18, 20, and 25 under
35 U.S.C. § 102(b) over Rasso is reversed. The decision of the Examiner
rejecting claims 18, 19, and 25 under 35 U.S.C. § 102(b) over O'Fearna is
affirmed. The decision of the Examiner rejecting claim 20 under 35 U.S.C.
§ 103 over O'Fearna is affirmed. The decision of the Examiner rejecting
claims 1 through 17 and 24 under 35 U.S.C. § 103 over Sadinsky in view of
O'Fearna is reversed. Therefore, the Examiner's decision is affirmed-in-part.
In addition we have entered a new ground of rejection against claims
18 through 20 under 35 U.S.C. § 102(a) over APA, against claim 25 under
35 U.S.C. § 103 over APA, and against claims 1 through 17 and 24 under
35 U.S.C. § 103 over Sadinsky in view of APA.
Regarding the affirmed rejection(s), 37 C.F.R. § 41.52(a)(1) provides
"Appellant may file a single request for rehearing within two months from
the date of the original decision of the Board."
In addition to affirming the Examiner's rejection(s) of one or more
claims, this decision contains new grounds of rejection pursuant to 37 C.F.R.
§ 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960 (August 12,
2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)). 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."
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