Appeal 2007-1595
Application 09/751,858
1 • The rejection of claims 1-21 and 27 under 35 U.S.C. § 103(a) as obvious
2 over Jensen and Pfeiffer is not sustained.
3 • A new ground of rejection of claims 1-21 and 27 under 35 U.S.C. § 103(a)
4 as obvious over Baum, Jensen and Dix is made pursuant to 37 C.F.R.
5 § 41.50(b).
6 This decision contains new grounds of rejection pursuant to 37 C.F.R.
7 § 41.50(b) (2006). 37 C.F.R. § 41.50(b) provides "[a] new ground of rejection
8 pursuant to this paragraph shall not be considered final for judicial review."
9 37 C.F.R. § 41.50(b) also provides that Appellants, WITHIN TWO
10 MONTHS FROM THE DATE OF THE DECISION, must exercise one of the
11 following two options with respect to the new grounds of rejection to avoid
12 termination of the appeal as to the rejected claims:
13 (1) Reopen prosecution. Submit an appropriate amendment of
14 the claims so rejected or new evidence relating to the claims so
15 rejected, or both, and have the matter reconsidered by the Examiner,
16 in which event the proceeding will be remanded to the Examiner. . . .
17
18 (2) Request rehearing. Request that the proceeding be reheard
19 under § 41.52 by the Board upon the same record. . . .
20
21 No time period for taking any subsequent action in connection with this appeal
22 may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv)
23 (2006).
24
25 REVERSED
26 NEW GROUND OF REJECTION UNDER 37 C.F.R. § 41.50(b)
27
28
20
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Last modified: September 9, 2013