Ex Parte Horino et al - Page 11

                Appeal 2006-3082                                                                                   
                Application 10/372,669                                                                             
                       For the foregoing reasons, we affirm the rejection of claim 2 as                            
                obvious over Horino.  Claims 3-24 fall with claim 2 because separate                               
                reasons for their patentability were not provided.                                                 

                                                 TIME PERIOD                                                       
                       Regarding the affirmed rejection(s), 37 C.F.R. § 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                            
                C.F.R. § 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 C.F.R. § 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 C.F.R. § 41.50(b)(1), in order to preserve the right to seek                        

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