Appeal 2006-3366
Application 10/864,041
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) 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 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 C.F.R. § 1.136(a)(1)(iv).
AFFIRMED-IN-PART
37 C.F.R. § 41.50(b)
KIS
ERNEST D. BUFF
ERNEST D. BUFF AND ASSOCIATES, L.L.C.
231 SOMERVILLE ROAD
BEDMINSTER, NJ 07921
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