Appeal No. 2006-1451
Application No. 08/802,472
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 . . . .
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.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
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Last modified: November 3, 2007