Appeal 2007-1942
Application 10/368,975
as is required by claim 5. (FF 19). Thus, method claim 5 is also found to be
unpatentable under 35 U.S.C. § 103(a).
VI. Order
Upon consideration of the record and for reasons given, it is
ORDERED that the Examiner’s rejection of claims 1 and 6
under 35 U.S.C. §102(b) as being anticipated by Sacks is REVERSED;
FURTHER ORDERED that the Examiner’s rejection of claims
1, 5, and 6 under 35 U.S.C. §103(a) as being unpatentable over Sacks in
view of Huerta is REVERSED;
FURTHER ORDERED that the following new ground of
rejection is entered:
Claims 1, 5, and 6 are rejected under 35 U.S.C. § 103(a) as being
obvious over Sacks;
FURTHER ORDERED that our decision is not a final agency
action;
FURTHER ORDERED that within two (2) months from the
date of our decision Applicant may further prosecute the application on
appeal by exercising one of the two following options:
1. Request that prosecution be reopened by submitting
an amendment or evidence or both. 37 CFR § 41.50(b) (1) (2006).
2. Request Rehearing on the record presently before the
Board. 37 CFR § 41.50(b) (2) (2006), and
FURTHER ORDERED that 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) (2006).
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