Appeal 2006-1847
Application 10/295,813
Appellants are apprised of the two options under 37 C.F.R. § 41.50(b)
with respect to further action on this new ground:
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
ORDER
The rejections of claims 1, 4, 6, 7, 9-13, 20 and 25 are affirmed.
A new ground of rejection has been entered against claim 5 under
37 C.F.R. § 41.50(b).
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