Appeal 2007-1451
Application 09/970,146
1 37 C.F.R. § 41.50(b) also provides that Appellant, WITHIN TWO
2 MONTHS FROM THE DATE OF THE DECISION, must exercise one of the
3 following two options with respect to the new grounds of rejection to avoid
4 termination of the appeal as to the rejected claims:
5 (1) Reopen prosecution. Submit an appropriate amendment of
6 the claims so rejected or new evidence relating to the claims so
7 rejected, or both, and have the matter reconsidered by the Examiner,
8 in which event the proceeding will be remanded to the Examiner. . . .
9
10 (2) Request rehearing. Request that the proceeding be reheard
11 under § 41.52 by the Board upon the same record. . . .
12
13 Should the appellant elect to prosecute further before the examiner pursuant to
14 37 CFR § 41.50(b)(1), in order to preserve the right to seek review under 35 U.S.C.
15 §§ 141 or 145 with respect to the affirmed rejection, the effective date of the
16 affirmance is deferred until conclusion of the prosecution before the examiner
17 unless, as a mere incident to the limited prosecution, the affirmed rejection is
18 overcome.
19 If the appellant elects prosecution before the examiner and this does not
20 result in allowance of the application, abandonment or a second appeal, this case
21 should be returned to the Board of Patent Appeals and Interferences for final action
22 on the affirmed rejection, including any timely request for rehearing thereof.
18
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Last modified: September 9, 2013