Appeal No. 2006-2809 Page 11
Application No. 10/867,713
Time Period for Response
This decision contains a new ground of rejection pursuant to 37 CFR § 41.50(b)
(effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz.
Pat. Office 21 (September 7, 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 Appellants, 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. . . .
REVERSED, 37 CFR § 41.50(b)
ERIC GRIMES )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
NANCY J. LINCK )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
RICHARD M. LEBOVITZ )
Administrative Patent Judge )
EG/MLM/jlb
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