Appeal Number: 2006-3176
Application Number: 10/203,620
This decision contains a new ground of rejection pursuant to 37 CFR
§ 41.50(b). 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 the 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 . . . .
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a). See 37 CFR § 1.136(a)(1)(iv).
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007