Appeal No. 2006-0728 Page 10 Application No. 10/198,714 (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 appellant 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 affirmance is deferred until conclusion of the prosecution before the examiner unless, as a mere incident to the limited prosecution, the affirmed rejection is overcome. If the appellant elects prosecution before the examiner and this does not result in allowance of the application, abandonment or a second appeal, this case should be returned to the Board of Patent Appeals and Interferences for final action on the affirmed rejection, including any timely request for rehearing thereof. AFFIRMED-IN-PART, 37 CFR § 41.50(b) Eric Grimes ) Administrative Patent Judge ) ) ) ) BOARD OF PATENT Lora M. Green ) Administrative Patent Judge ) APPEALS AND ) ) INTERFERENCES ) Richard M. Lebovitz ) Administrative Patent Judge ) EG/dymPage: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007