Appeal No. 2007-0048 Page 13
Application No. 10/234,608
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. . . .
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 CFR § 1.136(a)(1)(iv).
AFFIRMED-IN-PART; REVERSED-IN-PART
37 CFR § 41.50(b)
)
/Hubert C. Lorin/ )
HUBERT C. LORIN )
Administrative Patent Judge )
)
)
)
/Carol A. Spiegel/ )
CAROL A. SPIEGEL ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
/Sally Gardner Lane/ )
SALLY GARDNER LANE )
Administrative Patent Judge )
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