Appeal No. 2006-2280 Page 25
Application No. 10/244,011
This decision contains new grounds of rejection pursuant to 37 C.F.R.
§ 41.50(b), which provides, "[a] new ground of rejection pursuant to this paragraph
shall not be considered final for judicial review." 37 C.F.R. § 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 grounds 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. The request for rehearing must address any new
ground of rejection and state with particularity the points
believed to have been misapprehended or overlooked in
entering the new ground of rejection and also state all
other grounds upon which rehearing is sought.
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Last modified: November 3, 2007