Ex Parte Lich et al - Page 8

            Appeal Number: 2006-2286                                                                       
            Application Number: 09/165,352                                                                 


                                             CONCLUSION                                                    
                  To summarize,                                                                            
               • The rejection of claims 77 through 87 and 93 rejected under 35 U.S.C.                     
                  § 103(a) as obvious over Norris and Mortgage Marketplace is not sustained.               
               • A new ground of rejection of independent claims 77, 81 and 93 under                       
                  35 U.S.C.  § 103 as obvious over Norris and Rothenberg is entered pursuant               
                  to 37 CFR § 41.50(b).                                                                    
                  This decision contains a new ground of rejection pursuant to 37 CFR                      
            § 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004),                
            1286 Off. Gaz. Pat. Office 21 (September 7, 2004)).  37 CFR § 41.50(b) provides                
            “[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 appellants, 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 . . . .                                                      



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