Appeal 2007-0288
Application 10/715,408
provides that “A new ground of rejection . . . shall not be considered final
for judicial review.”
37 C.F.R. § 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) 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 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 C.F.R. § 1.136(a)(1)(iv).
REVERSED.
37 C.F.R. § 41.50(b).
KIS
STAAS & HALSEY, L.L.P.
SUITE 700
1201 NEW YORK AVENUE, N.W.
WASHINGTON, DC 20005
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