Appeal 2007-1281
Application 10/104,386
1 (1) Reopen prosecution. Submit an appropriate amendment of the
2 claims so rejected or new evidence relating to the claims so rejected,
3 or both, and have the matter reconsidered by the examiner, in which
4 event the proceeding will be remanded to the examiner …
5
6 (2) Request rehearing. Request that the proceeding be reheard under
7 § 41.52 by the Board upon the same record …
8
9
10 CONCLUSIONS
11 We conclude that Appellant has not shown that the Examiner erred in
12 rejecting claim 1 as being anticipated under 35 U.S.C. § 102(e) over Zeng.
13 Thus, claim 1 is not patentable.
14 Since we have entered a new ground of rejection against claim 1, our
15 decision is not a final agency action.
16
17 DECISION
18 In view of the foregoing discussion, we affirm the Examiner’s
19 rejection of claim 1 under § 102(e).
20 We have entered a new ground of rejection against claim 1 under 37
21 C.F.R. § 41.50 (b).
22 No time period for taking any subsequent action in connection with
23 this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv)(2006).
24
25
26 AFFIRMED
27 37 C.F.R. § 41.50(b)
28
29 ce
30
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