Appeal 2007-1170
Application 10/971,698
first instance, to evaluate the import of the disclosure and the scope of the
various claims, and we leave that evaluation to their sound discretion.
D. Conclusion
ORDERED that upon consideration of the record and for the reasons
given, the Examiner's rejection of claims 1–18 under 35 U.S.C. § 103(a)
over the combined teachings of Freeman 013, Spahn, Hanson, and Shen is
AFFIRMED.
FURTHER ORDERED that since our rationale differs from the
rationale of the examiner, our affirmance is designated as a new rejection.
37 CFR § 41.50(b) (2006).
FURTHER ORDERED that our decision is not a final agency action.
FURTHER ORDERED that within two (2) months from the date of
our decision appellant may further prosecute the application on appeal by
exercising one of the two following options:
1. Request that prosecution be reopened by submitting an
amendment or evidence or both. 37 CFR § 41.50(b)(1) (2006).
2. Request rehearing on the record presently before the Board.
37 CFR § 41.50(b)(2) (2006).
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