Appeal 2007-1893
Application 10/946,753
DECISION
We have sustained the Examiner's rejections with respect to claims 1,
3-6, 9-16, 25-29, 33-37, and 39-43. We have not, however, sustained the
Examiner’s rejections of claims 7, 8, and 30-32. Furthermore, we have
entered new grounds of rejection for claims 7 and 30-32. Therefore, the
Examiner’s decision rejecting claims 1, 3-16, 25-37, and 39-43 is affirmed-
in-part.
This decision contains new grounds of rejection pursuant to 37 C.F.R.
§ 41.50(b). Section 41.50(b) provides that “[a] new ground of rejection . . .
shall not be considered final for judicial review.” Section 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) 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. . . .
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).
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