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 mg - 9 -Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: September 9, 2013