Appeal No. 2006-1230 Παγε 12
Application No. 10/137,586
Saito reference until a few days before the reply brief was
filed, we designate our affirmance as a New Ground of Rejection
under 37 CFR § 41.50(b).
This decision contains a new ground of rejection pursuant to
37 CFR § 41.50(b) (effective September 13, 2004). 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 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. . . .
(2) Request rehearing. Request that the
proceeding be reheard under § 41.52 by the Board upon
the same record. . . .
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