Appeal No. 2006-1873 Page 14
Reissue Application No. 08/058,163
37 CFR § 41.50(b) also provides that the appellant, WITHIN TWO MONTHS
FROM THE DATE OF THE DECISION, must exercise one of 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. . . .
VACATED and REMANDED under 37 CFR § 41.50(b)
________________________________)
MARC L. CAROFF )
Administrative Patent Judge )
) BOARD O\F PATENT
________________________________) APPEALS AND
CAROL A. SPIEGEL ) INTERFERENCES
Administrative Patent Judge )
)
________________________________)
MARK NAGUMO )
Administrative Patent Judge )
Enc.: US patents 5,759,561 and 5,900,234.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007