Appeal 2007-2596
Application 10/370,634
steel of claim 6. We therefore conclude that one of ordinary skill would
have considered claims 3-6 obvious in view of Hunter and Lüthi.
SUMMARY
We reverse the Examiner’s rejection of claims 13, 14, and 21 under 35
U.S.C. § 102(b) as anticipated by Klein.
We enter a new ground of rejection of claims 1, 2, 7, and 13-23 under
35 U.S.C. § 103, as being obvious over Hunter.
We enter a new ground of rejection of claims 3-6 under 35 U.S.C.
§ 103, as being obvious over Hunter and Lüthi.
TIME PERIOD FOR RESPONSE
This decision contains a new ground of rejection pursuant to 37
C.F.R. § 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960
(August 12, 2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)). 37
C.F.R. § 41.50(b) provides “[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 Appellant, 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 . . . .
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