Appeal No. 2007-1140
Application No. 10/753,729
For claim 21, the Examiner should consider whether any of the four
compounds recited in the claim would have been obvious over Cuthbertson
alone or combined with other prior art.
TIME PERIOD
This decision contains a new ground of rejection pursuant to 37
C.F.R. § 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960
(August 12, 2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)).
37 C.F.R. § 41.50(b) provides "[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 appellant, WITHIN TWO
MONTHS FROM THE DATE OF THE DECISION, must exercise one of
the following two options with respect to the new ground of rejection to
avoid termination of the appeal as to the rejected claims:
(1) Reopen prosecution. 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 rehearing. Request that the proceeding be reheard under
§ 41.52 by the Board upon the same record. . . .
If the new ground of rejection or remand results in further prosecution
before the examiner and this does not result in allowance of the application,
abandonment, or a second appeal, this case should be returned to the Board
of Patent Appeals and Interferences for entry of a final decision.
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