Appeal 2007-1432
Application 09/141,186
Patent 5,549,673
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, Appellant 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 Appellant, 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:
(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 Appellant elect to prosecute further before the Examiner,
in order to preserve the right to seek review under 35 U.S.C. §§ 141 or 145
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