Appeal No. 2006-2172
Application No. 10/685,270
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. . . .
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a). See 37 CFR § 1.136(a)(1)(iv).
REVERSED – 37 CFR § 41.50(b)
JOSEPH F. RUGGIERO )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
LANCE LEONARD BARRY ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
JEAN R. HOMERE )
Administrative Patent Judge )
AGILENT TECHNOLOGIES, INC.
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