Appeal 2007-1762
Application 10/218,245
claims 19-23, 25-33, 35-38, 40-45, and 47 (rejected under 35 U.S.C. § 112,
second paragraph).
As indicated supra, this Decision contains new grounds of rejection
pursuant to 37 C.F.R. § 41.50(b) (amended effective September 13, 2004, by
final rule notice 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat.
& Trademark Office 21 (September 7, 2004)). 37 C.F.R. § 41.50(b)
provides that “A new ground of rejection . . . 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 ground of rejection
to avoid termination of the appeal as to the rejected claims:
(1) 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 that the proceeding be
reheard under § 41.52 by the Board
upon the same record . . .
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