Appeal 2007-1572
Application 09/726,831
Examiner to determine the appropriateness of any further rejections based on
these references.
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 Appellants, WITHIN TWO
MONTHS FROM THE DATE OF THE DECISION, must exercise one of the
following two options with respect to the new grounds of rejection to avoid
termination of proceedings (37 C.F.R. § 1.197 (b)) 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
37 C.F.R. § 41.52 by the Board upon the same record …
CONCLUSION OF LAW
We conclude that Appellants have shown the Examiner erred in
rejecting claims 1-13 and 15-30. On the record before us, claims 1-13 and
15-30 have not been shown to be unpatentable.
Since we have entered a new rejection, our decision is not a final
agency action.
DECISION
The Examiner’s rejection of claims 1-13 and 15-30 is reversed.
We have entered a new ground of rejection against claim 1 under
37 C.F.R. § 41.50(b).
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