Appeal 2007-2985
Application 010/669,978
1 H. Decision
2 ORDERED that the decision of the Examiner rejecting
3 claims 1-15 over Tsao is affirmed.
4 FURTHER ORDERED that since our claim interpretation has
5 not previously been discussed on the record and because we have applied
6 Tsao in a manner different from the Examiner, our affirmance is designated
7 as a new rejection. 37 C.F.R. § 41.50(b) (2006).
8 FURTHER ORDERED that our decision is not a final agency
9 action.
10 FURTHER ORDERED that within two (2) months from the
11 date of our decision appellant may further prosecute the application on
12 appeal by exercising one of the two following options:
13 1. Request that prosecution be reopened by submitting
14 an amendment or evidence or both. 37 C.F.R. § 41.50(b)(1) (2006).
15 2. Request rehearing on the record presently before the
16 Board. 37 C.F.R. § 41.50(b)(2) (2006).
17 FURTHER ORDERED that no time period for taking any
18 subsequent action in connection with this appeal may be extended under
19 37 C.F.R. § 1.136(a)(1)(iv) (2006).
AFFIRMED
(37 C.F.R. § 41.50(b) (2006)
14
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