Appeal Number: 2006-2190
Application Number: 09/867,068
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 . . . .
No time period for taking any subsequent action in connection with this appeal may be
extended under 37 CFR § 1.136(a).
AFFIRMED
NEW GROUND OF REJECTION UNDER 37 C.F.R. § 41.50(b)
CHARLES E. FRANKFORT )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
LINDA E. HORNER ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
ANTON W. FETTING )
Administrative Patent Judge )
AWF/vsh
6
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007