Appeal 2007-1243
Application 10/336,018
CONCLUSION
In summary we will not sustain the Examiner’s rejection, of claims 1
through 6, and 13 through 23 under 35 U.S.C. § 102(e) as being anticipated by
Hung or the Examiner’s rejection of claims 1 through 6, 13 through 18, 24, and 25
under 35 U.S.C. § 103(a) as being unpatentable over Appellant’s admitted prior art
in view of Hung. However, we sustain the Examiner’s rejection of claims 7
through 12 under 35 U.S.C. § 103(a) as being unpatentable over Hung in view of
Goodrich. In accordance with 37 CFR § 41.50(b) we also now reject independent
claim 1, 7, and 19 under 35 U.S.C. § 103(a) as being unpatentable over Hung in
view of Goodrich. The decision of the Examiner is affirmed-in-part.
This decision contains a new ground of rejection pursuant to 37 CFR
§ 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004),
1286 Off. Gaz. Pat. Office 21 (September 7, 2004)). 37 CFR § 41.50(b) provides
"[a] new ground of rejection pursuant to this paragraph shall not be considered
final for judicial review."
37 CFR § 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. . . .
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