Appeal No. 2006-0859
Application No. 09/778,338
(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 CFR § 41.52 by the Board
upon the same record …
Should the Appellant elect to prosecute claims 7 and 9-11 further before the
Primary Examiner pursuant to 37 CFR § 41.50 (b) (1), in order to preserve the right to
seek review under 35 U.S.C. §§ 141 or 145 with respect to the affirmed rejection of
claims 1-6, the effective date of the affirmance is deferred until conclusion of the
prosecution before the examiner unless, as a mere incident to the limited prosecution,
the affirmed rejection of claims 1-6 is overcome.
If the Appellant elects further prosecution before the Examiner and further
prosecution does not result in allowance of the application, abandonment or a second
appeal, this application should be returned to the Board of Patent Appeals and
Interferences for entry of a final decision with respect to the affirmed rejection of claims
1-6, including any action on any timely request for reconsideration thereof.
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Last modified: November 3, 2007