Appeal No. 2005-1431
Application 09/442,070
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. The new ground
of rejection is binding upon the examiner unless an amendment or new
evidence not previously of record is made which, in the opinion of the
examiner, overcomes the new ground of rejection stated in the decision.
Should the examiner reject the claims, appellant may again appeal to the
Board pursuant to this subpart.
(2) Request rehearing. Request that the proceeding be reheard
under § 41.52 by the Board upon the same record. The request for
rehearing must address any new ground of rejection and state with
particularity the points believed to have been misapprehended or
overlooked in entering the new ground of rejection and also state all other
grounds upon which rehearing is sought.
(Emphasis of "two months" added.)
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