Appeal 2007-0724
Reexamination Control 90/006,775
Patent 6,428,526
1 SUMMARY
2 The rejection of claims 1-11 under 35 U.S.C. § 102(e) as anticipated
3 by or, in the alternative, under 35 U.S.C. § 103(a) as being unpatentable over
4 Dragoo, and by incorporation, Buell and Nestegard is reversed.
5 The rejection of claims 1-11 under 35 U.S.C. § 103(a) as being
6 unpatentable over the combination of Buell, Nestegard, and the ‘777 Board
7 decision is reversed.
8 The rejection of claims 12-22 under 35 U.S.C. § 103(a) as being
9 unpatentable over the combination of Roessler and Caldwell is affirmed.
10 Claims 1-11 are newly rejected under 35 U.S.C. § 103(a) as being
11 unpatentable over the combination of Roessler and Caldwell.
12 This decision contains a new ground of rejection pursuant to
13 37 C.F.R. § 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960
14 (August 12, 2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)).
15 37 C.F.R. § 41.50(b) provides "[a] new ground of rejection pursuant to this
16 paragraph shall not be considered final for judicial review."
17 37 C.F.R. § 41.50(b) also provides that the appellant, WITHIN TWO
18 MONTHS FROM THE DATE OF THE DECISION, must exercise one of
19 the following two options with respect to the new ground of rejection to
20 avoid termination of the appeal as to the rejected claims:
21 (1) Reopen prosecution. Submit an appropriate
22 amendment of the claims so rejected or new evidence relating
23 to the claims so rejected, or both, and have the matter
24 reconsidered by the examiner, in which event the proceeding
25 will be remanded to the examiner. . . .
26
27 (2) Request rehearing. Request that the proceeding be
28 reheard under § 41.52 by the Board upon the same record. . . .
15
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