Appeal 2007-1271
Application 10/005,583
OTHER ISSUES
The Board of Patent Appeals and Interferences is a review body,
rather than a place of initial examination. We have made a rejection above
under 37 C.F.R. § 41.50(b). We leave it to the Examiner to determine the
appropriateness of any further rejections based on the James reference (U.S.
Pat. 6,742,161) alone or in combination with any other prior art references.
DECISION
We affirm the Examiner’s rejection of claims 1, 6-9, 12, 13, 16, and
21-23, but we reverse the Examiner’s rejection of claims 2-5, 10, 11, 14, 15,
17-20, and 24. Therefore, the decision of the Examiner rejecting claims
1-24 is AFFIRMED-IN-PART.
We have entered a new grounds of rejection for independent claim 17
under 37 C.F.R. § 41.50(b).
As indicated supra, this decision contains a new ground of rejection
pursuant to 37 C.F.R. § 41.50(b). 37 C.F.R. § 41.50(b) provides that “A
new ground of rejection . . . 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
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