Appeal 2007-1325
Application 10/065,722
1 FURTHER ORDERED that the appeal is dismissed as to claims
2 49-59.
3 FURTHER ORDERED that previously allowed claims and
4 claims previously indicated as containing allowable subject matter, i.e.,
5 claims 84-87, 40, 41, 42, 43, and 71-74 are rejected as being unpatentable
6 under 35 U.S.C. § 112, second paragraph, as being indefinite.
7 FURTHER ORDERED that previously allowed claims 4-7,
8 31-33, 64, 78, and 79 are rejected as being unpatentable under 35 U.S.C.
9 § 103(a).
10 FURTHER ORDERED that since our application of the
11 references differs from that of the Examiner and we have cited additional
12 prior art, and because we have rejected previously allowed claims, our
13 affirmance and rejection of objected to and allowed claims are designated as
14 a new rejection. 37 C.F.R. § 41.50(b) (2006).
15 FURTHER ORDERED that our decision is not a final agency
16 action.
17 FURTHER ORDERED that within two (2) months from the
18 date of our decision Appellants may further prosecute the application on
19 appeal by exercise one of the two following options:
20 1. Request that prosecution be reopened by submitting
21 an amendment or evidence or both. 37 C.F.R. § 41.50(b)(1) (2006).
22 2. Request rehearing on the record presently before the
23 Board. 37 C.F.R. § 41.50(b)(2) (2006).
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