Appeal 2007-1540
Application 10/280,788
connected transistor M1 directly connected to a contact of the native device
would have been obvious. Accordingly, we affirm the Examiner’s rejection
of claims 17, 18, 20, and 21 under 35 U.S.C. § 103(a). However, as our
decision relies upon different rationale than applied by the Examiner, we
designate it a new rejection.
37 C.F.R. § 41.50(b) provides that the Appellants, 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. . . .
AFFIRMED
37 C.F.R. § 41.50(b)
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LSI CORPORATION
1621 BARBER LANE
MS: D-106
MILPITAS CA 95035
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