Appeal 2007-0731 Application 09/899,454 1 37 CFR § 41.50(b) also provides that the Appellants, WITHIN TWO 2 MONTHS FROM THE DATE OF THE DECISION, must exercise one of the 3 following two options with respect to the new ground of rejection to avoid 4 termination of the appeal as to the rejected claims: 5 (1) Reopen prosecution. Submit an appropriate amendment of the 6 claims so rejected or new evidence relating to the claims so rejected, 7 or both, and have the matter reconsidered by the examiner, in which 8 event the proceeding will be remanded to the examiner. . . . 9 10 (2) Request rehearing. Request that the proceeding be reheard under 11 § 41.52 by the Board upon the same record. . . . 12 13 AFFIRMED 14 37 CFR § 41.50(b) 15 16 17 18 19 20 vsh 21 22 23 VOLEL EMILE 24 INTERNATIONAL BUSINESS MACHINES CORPORATION 25 INTELLECTUAL PROPERTY LAW DEPARTMENT 26 11400 BURNET ROAD, INTERNAL ZIP 4054 27 AUSTIN TX 78758 9Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: September 9, 2013