Appeal 2007-0135
Application 10/138,088
1 37 C.F.R. § 41.50(b) also provides that the Appellant, WITHIN TWO
2 MONTHS FROM THE DATE OF THE DECISION, must exercise one of
3 the following two options with respect to the New Ground of Rejection to
4 avoid termination of the Appeal as to the rejected claims:
5 (1) Reopen prosecution. Submit an appropriate
6 amendment of the claims so rejected or new evidence relating
7 to the claims so rejected, or both, and have the matter
8 reconsidered by the examiner, in which event the proceeding
9 will be remanded to the examiner. . . .
10
11 (2) Request rehearing. Request that the proceeding be
12 reheard under § 41.52 by the Board upon the same record. . . .
13
14 The effective date of the affirmance is deferred until conclusion of the
15 proceedings before the examiner unless, as a mere incident to the limited
16 proceedings, the affirmed rejection is overcome. If the proceedings before
17 the examiner do not result in allowance of the application, abandonment or a
18 second appeal, this case should be returned to the Board of Patent Appeals
19 and Interferences for final action on the affirmed rejections, including any
20 timely request for rehearing thereof.
21
22 DECISION
23
24 AFFIRMED-IN-PART, REMANDED, and 37 C.F.R. § 41.50(b).
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26
27
28 jlb
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