Appeal 2007-1089
Application 10/348,277
DECISION
The decision of the Examiner rejecting claims 1-5 and 7-40 under
35 U.S.C. § 103 is affirmed. We have entered a new ground of rejection
against claims 1-5, 7-18, 20-33, and 35 under 37 C.F.R. § 41.50(b).
37 C.F.R. § 41.50(b) provides that, “[a] new ground of rejection
pursuant to this paragraph shall not be considered final for judicial review.”
37 C.F.R. § 41.50(b) also provides that the Appellants, WITHIN TWO
MONTHS FROM THE DATE OF THE DECISION, must exercise one of the
following two options with respect to the new grounds of rejection to avoid
termination of proceedings as to the rejected claims:
(1) Submit an appropriate amendment of the claims so rejected or
new evidence relating to the claims so rejected, or both, and have the
matter reconsidered by the examiner, in which event the proceeding
will be remanded to the examiner …
(2) Request that the proceeding be reheard under 37 C.F.R. § 41.52
by the Board upon the same record …
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).
AFFIRMED
37 C.F.R. § 41.50(b).
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