Appeal No. 2004-2226
Application NO. 10/066,421
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 CFR § 41.50(b). 37 CFR § 41.50(b) provides "[a]
new ground of rejection pursuant to this paragraph shall not be
considered final for judicial review."
37 CFR § 41.50(b) also provides that the appellants, 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 CFR § 41.50(b)(1), in order to preserve
the right to seek review under 35 U.S.C. §§ 141 or 145 with
respect to the affirmed rejection, the effective date of the
11
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007