Appeal No. 2006-0524 Παγε 9
Application No. 10/051,577
The examiner's rejection of claims 1 to 3, 8 and 20 is reversed on procedural
grounds.
A new rejection of claims 1, 2, 8, 14, 19 and 20 has been made.
In addition to not reversing the examiner's decision in regard to the claims, this
opinion includes a new ground of rejection pursuant to 37 CFR § 41.50(b). Section
41.50(b) of 37 CFR provides
When the Board makes a new ground of rejection, 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. 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.
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