Appeal No. 2006-1300
Application No. 08/203,672
request for rehearing within two months of the date of the
original decision of the Board.”
In addition to affirming the examiner's rejections of
one or more claims, this opinion contains a new ground of
rejection pursuant to 37 CFR § 41.50(b). 37 CFR § 41.50(b)
provides that “[a] new ground of rejection pursuant to this
paragraph shall not be considered final for judicial
review.”
37 CFR § 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. . . .
Should the appellants elect to prosecute further
before the 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 rejections, the
effective date of the affirmance is deferred until
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