Appeal Number: 2006-0965
Application Number: 10/827,051
same reasons as we sustained the rejection of claims 33 and 34, noting that claims
24 and 25 lack the opposing side members of claim 33.
Regarding the affirmed rejection of claims 33 and 34, 37 CFR ' 41.52(a)(1)
provides "[a]ppellant may file a single request for rehearing within two months
from the date of the original decision of the Board."
In addition to affirming the examiner's rejection(s) of one or more claims,
this decision contains a new ground of rejection pursuant to 37 CFR ' 41.50(b)
(effective September 13, 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. . . .
If the appellants elects prosecution before the examiner and this does not
result in allowance of the application, abandonment or a second appeal, this case
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