Appeal 2007-1319
Application 09/797,017
matter absent a new and unobvious functional relationship between the
printed matter and the substrate” (citing Lowry and Ngai)).
CONCLUSION
The rejection of claims 28, 35, and 41 under 35 U.S.C. § 101 as being
directed to non-statutory subject matter is affirmed. The rejection of claims
24-33, 35-44, and 68-82 under 35 U.S.C. § 102(e) as being anticipated by
Krishnan is affirmed. The Examiner’s decision is thus affirmed.
A new rejection of claims 24-27, 29-33, 36-40, 42-44, and 68-82
under 35 U.S.C. § 101 as being directed to non-statutory subject matter is set
forth herein. A new rejection of claims 24-33, 35-44, and 68-82 under 35
U.S.C. § 102(e) as being anticipated by Krishnan is set forth herein.
With respect to the affirmed rejection(s), 37 C.F.R. § 41.52(a)(1)
provides that “Appellant may file a single request for rehearing within two
months from the date of the original decision of the Board.”
In addition to affirming the Examiner’s rejection(s) of one or more
claims, 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 pursuant to this paragraph 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
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