Appeal 2007-0728
Application 09/954,796
1 • The rejection of claim 43 under 35 U.S.C. § 103(a) as obvious over
2 Parthesarathy, Himmel, and Bradford is sustained.
3 • A new ground of rejection of claims 1-20, 37- 42 under 35 U.S.C. § 112,
4 second paragraph, as failing to particularly point out and distinctly claim the
5 subject matter which the applicant regards as his invention is made under
6 37 C.F.R. § 41.50(b).
7
8 Regarding the affirmed rejection(s), 37 C.F.R. § 41.52(a)(1) provides
9 "[a]ppellant may file a single request for rehearing within two months from the
10 date of the original decision of the Board."
11 In addition to affirming the examiner's rejection(s) of one or more claims,
12 this decision contains new grounds of rejection pursuant to 37 C.F.R. § 41.50(b)
13 (effective September 13, 2004). 37 C.F.R. § 41.50(b) provides “[a] new ground of
14 rejection pursuant to this paragraph shall not be considered final for judicial
15 review.”
16 37 C.F.R. § 41.50(b) also provides that the appellant, WITHIN TWO
17 MONTHS FROM THE DATE OF THE DECISION, must exercise one of the
18 following two options with respect to the new ground of rejection to avoid
19 termination of the appeal as to the rejected claims:
20 (1) Reopen prosecution. Submit an appropriate amendment of the claims so
21 rejected or new evidence relating to the claims so rejected, or both, and have the
22 matter reconsidered by the examiner, in which event the proceeding will be
23 remanded to the examiner . . . .
18
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Last modified: September 9, 2013