Appeal 2007-1926
Application 10/062,234
In sum, Nields shows that the ultrasound data and x-ray data are
registered through the compression paddle, contrary to Appellants’ assertion
(Br. 11; Reply Br. 4). Accordingly, we affirm the rejection of claim 10.
In affirming the rejection of claim 10, we recognize that we have
relied upon disclosure in Nields which was not described or cited in the
Answer. Accordingly, to provide Appellants with the opportunity to
respond, we designate the rejection of claim 10 as a new ground under 37
C.F.R. § 41.50(b).
TIME PERIOD
Regarding the affirmed rejection(s), 37 C.F.R. § 41.52(a)(1) provides
“[a]ppellant may file a single request for rehearing within two months from
the date of the original decision of the Board.”
In addition to affirming the examiner's rejection(s) of one or more
claims, this decision contains a new ground of rejection of claim 10 pursuant
to 37 C.F.R. § 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960
(August 12, 2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)).
37 C.F.R. § 41.50(b) provides “[a] new ground of rejection pursuant to this
paragraph shall not be considered final for judicial review.”
37 C.F.R. § 41.50(b) also provides that the appellant, 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) 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
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