Appeal 2007-2140
Application 09/892,790
Patent 5,917,679
(10)
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 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 37 C.F.R. § 41.52
by the Board upon the same record …
VI. CONCLUSIONS OF LAW
(1) Appellants have failed to establish that the Examiner erred in
rejecting claims 21, 30-32, and 41 under 35 U.S.C. § 102(a).
(2) Reissue claims 21-60 are not patentable.
(3) Since we have entered new rejections, our decision is not a final
agency action.
- 34 -
Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: September 9, 2013