Appeal 2007-0493
Application 10/289,967
Patent 6,144,380
following two options with respect to the new grounds of rejection to avoid
termination of proceedings (37 C.F.R. § 1.197 (b) 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
37 C.F.R. § 41.52 by the Board upon the same record …
D. Impact of New Rejection on This Decision
In addition to affirming the Examiner’s rejection of one or more
claims, this decision contains a new ground of rejection pursuant to 37
C.F.R. § 41.50(b). Bd.R. 41.50(b) provides that a decision including a new
ground of rejection shall not be considered final for purposes of judicial
review.
With respect to the affirmed rejection, Appellants may file a single
request for rehearing within two months from the date of this decision under
§ 41.52(a)(1).
With respect to the new ground of rejections, the Appellants, within
two months from the date of this decision must exercise one of the
following two options with respect to the new ground of rejection to avoid
termination of proceedings (37 C.F.R. § § 41.50(b)) as to the rejected
claims:
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