Appeal 2007-3623
Application 10/035,747
(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
37 C.F.R. § 41.52 by the Board upon the same record …
OTHER ISSUES
The Board of Patent Appeals and Interferences is a review body,
rather than a place of initial examination. We have made a rejection above
under 37 C.F.R. § 41.50(b). However, we have not reviewed claims 21-26,
40-43, and 51-54 to the extent necessary to determine whether these claims
are patentable over the Huang patent in combination with Appellant’s prior
art admissions (see Appellant’s figures 1-2 and related specification). We
leave it to the instant Examiner to determine the appropriateness of any
further rejections based on these references.
CONCLUSION OF LAW
(1) Appellant has not established that the Examiner erred in
rejecting claims 27-30, 33-39 and 44-50 as being unpatentable under
35 U.S.C. § 102(b) over Huang.
(2) Appellant has established that the Examiner erred in rejecting
claims 1-26, 31, 32, 40-43, and 51-54 as being unpatentable under
35 U.S.C. § 102(b) over Huang.
(3) Appellant has established that the Examiner erred in rejecting
claims 1-54 as being unpatentable under 35 U.S.C. § 102(b) over Lynch.
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