Appeal 2007-2191
Application 10/284,553
under 35 U.S.C. § 103(a). However, we denominate our affirmance as
including a new ground of rejection against all the claims on appeal pursuant
to 37 C.F.R. § 41.50(b)(2005) since our reasons for affirming the
Examiner’s rejection are materially different from those proffered by the
Examiner.
This decision contains a new ground of rejection pursuant to
37 C.F.R. § 41.50(b). 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 provide that the Appellants, 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 Examiner, in which event the
proceeding will be remanded to the Examiner . . . .
(2) Request rehearing. Request that the proceeding be reheard under
§ 41.52 by the Board upon the same record . . . .
7
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: September 9, 2013