Appeal 2007-2771
Application 10/418,661
Thus, upon return of this application and prior to issuance of the
above-identified application, the Examiner is advised to carefully review the
admitted prior art and determine whether the admitted prior art affects the
patentability of the claimed subject matter.
CONCLUSION
In view of the forgoing, we affirm the Examiner’s decision rejecting
claims 23 through 25 and 27 under 35 U.S.C. § 112, first paragraph, reverse
the Examiner’s decision rejecting claims 3, and 5 through 22 and 26 under
35 U.S.C. § 112, first paragraph, and remand the application to the Examiner
to consider the admitted prior art referred to at pages 2-4 of the Specification
to determine their effect on the claims on appeal.
In addition to affirming the examiner's rejection of one or more claims,
this decision contains a remand. 37 CFR § 41.50(e) (effective September 13,
2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat. Office 21
(September 7, 2004)) provides that
[w]henever a decision of the Board includes a remand, that
decision shall not be considered final for judicial review. When
appropriate, upon conclusion of proceedings on remand before the
examiner, the Board may enter an order otherwise making its decision
final for judicial review.
Regarding any affirmed rejection, 37 CFR § 41.52(a) (1) provides
"[a]ppellant may file a single request for rehearing within two months from
the date of the original decision of the Board." The effective date of the
affirmance is deferred until conclusion of the proceedings before the
examiner unless, as a mere incident to the limited proceedings, the affirmed
7
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: September 9, 2013