Appeal Number: 2006-3321
Application Number: 09/843,381
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)(1)(iv).
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