Appeal 2007-0493 Application 10/289,967 Patent 6,144,380 (1) Submit an appropriate amendment of the claims so rejected or a showing of facts relating to the claims so rejected, or both, and have the matter reconsidered by the Examiner, in which event the application will be remanded to the Examiner. (2) Request rehearing under § 41.50(b)(2) by the Board of Patent Appeals and Interferences upon the same record. A rehearing under this section must also state all other grounds upon which rehearing is sought. Should the Appellants elect to prosecute further before the Examiner, in order to preserve the right to seek review under 35 U.S.C. §§ 141 or 145 with respect to the affirmed rejection, the effective date of the affirmance is deferred until conclusion of the prosecution before the Examiner unless, as a mere incident to the limited prosecution, the affirmed rejection is overcome. If the Appellants elects further prosecution before the Examiner and further prosecution does not result in allowance of the application, abandonment or a second appeal, this application should be returned to the Board of Patent Appeals and Interferences for entry of a final decision with respect to the affirmed rejection, including any action on any timely request for reconsideration thereof. - 56 -Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
Last modified: September 9, 2013