Appeal 2007-1015
Application 10/011,088
claims 31-33 and 36-38 under 35 U.S.C. § 103(a) as being unpatentable over
Blenke in view of Widlund and Newkirk is affirmed.
The decision of the Examiner to reject claims 2, 3, 27, 35, 39, 40, and
41 under 35 U.S.C. § 102(b) as being anticipated by Widlund; to reject
claims 4-6, and 31 under 35 U.S.C. § 103(a) as being unpatentable over
Widlund in view of Newkirk; to reject claims 19-24 under 35 U.S.C.
§ 103(a) as being unpatentable over Widlund; and to reject claim 34 under
35 U.S.C. § 103(a) as being unpatentable over Widlund in view of Newkirk
is reversed.
In addition to affirming the Examiner's rejection of one or more claims,
this decision contains a remand. 37 C.F.R. § 41.50(e) provides that:
Whenever a decision of the Board includes a remand,
that decision shall not be considered final for judicial review.
When appropriate, upon conclusion of proceedings on remand
before the examiner, the Board may enter an order otherwise
making its decision final for judicial review.
Regarding any affirmed rejection, 37 C.F.R. § 41.52(a)(1) provides
"[a]ppellant may file a single request for rehearing within two months of
the date of the original decision of the Board."
The effective date of the affirmance is deferred until conclusion of the
proceedings before the Examiner unless, as a mere incident to the limited
proceedings, the affirmed rejection is overcome. If the proceedings before
the Examiner do not result in allowance of the application, abandonment or a
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