Appeal 2006-3208
Application 10/097,232
37 C.F.R. § 41.50(b) provides:
When the Board makes a new ground of rejection, 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. . . . [emphasis added in part]
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2006).
REVERSED; 37 C.F.R. § 41.50(b)
lbg
IPLM Group, P.A.
Post Office Box 18455
Minneapolis MN 55418
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