Appeal 2007-1434
Application 10/610,718
have used the term fluidic chevron to mean several different things in the
Specification and claims. This has inured confusion. Thus we find that claims 13-
25 are indefinite under § 112, second paragraph. We further note that claim 15
includes the term fluid chevrons which we presume should read fluidic chevron.
CONCLUSIONS AND ORDER
For the reason given above we reverse the rejections of claims 1-25 based on
prior art. Additionally, pursuant to our authority under 37 C.F.R. § 41.50(b) we
enter rejections of claims 1-25 under § 112 first and second paragraphs.
This decision contains a new ground of rejection pursuant to 37 C.F.R.
§ 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004),
1286 Off. Gaz. Pat. Office 21 (September 7, 2004)). 37 C.F.R. § 41.50(b) provides
“[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 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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