Appeal 2007-0787
Application 10/689,230
1 ORDER
2 The rejections of Claims 1-11 are reversed.
3 Claim 1 is unpatentable over Tokarz under 35 U.S.C. 103(a).
4 This decision contains a new ground of rejection pursuant to 37 CFR
5 § 41.50(b). That section provides "[a] new ground of rejection pursuant to
6 this paragraph shall not be considered final for judicial review."
7 37 CFR § 41.50(b) also provides that the appellant, WITHIN TWO
8 MONTHS FROM THE DATE OF THE DECISION, must exercise one of
9 the following two options with respect to the new ground of rejection to
10 avoid termination of the appeal as to the rejected claims:
11 (1) Reopen prosecution. Submit an appropriate amendment of the
12 claims so rejected or new evidence relating to the claims so
13 rejected, or both, and have the matter reconsidered by the
14 examiner, in which event the proceeding will be remanded to
15 the examiner. . . .
16 (2) Request rehearing. Request that the proceeding be reheard under
17 § 41.52 by the Board upon the same record. . . .
18 REVERSED AND NEW GROUND OF REJECTION UNDER 37 CFR § 41.50(b)
CARLSON, GASKEY & OLDS, P.C.
400 WEST MAPLE ROAD
SUITE 350
BIRMINGHAM MI 48009
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Last modified: September 9, 2013