Appeal 2007-1164
Application 10/170,131
previously may have been allowed. In the end, the standards applied by the
USPTO can be reviewed by the U.S. Court of Appeals for the Federal
Circuit (and, potentially, the U.S. Supreme Court). Any patent applicant
who is dissatisfied with the USPTO’s examination standards can request the
Federal Circuit to reverse a rejection made under those standards. Thus, any
uncertainty caused by changes in an examination standard can be promptly
dispelled by an appeal to the Federal Circuit.
SUMMARY
We agree with the Examiner that the data recited in claim 24 do not
patentably distinguish the claimed computer from the computer disclosed by
Kim. We therefore affirm the rejection of claim 24. Claim 26 falls with
claim 24.
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) (2005).
AFFIRMED
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SCHERING-PLOUGH CORPORATION
PATENT DEPARTMENT (K-6-1, 1990)
2000 GALLOPING HILL ROAD
KENILWORTH NJ 07033-0530
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