Ex Parte Scioscio - Page 14

                Appeal 2007-2893                                                                             
                Application 10/818,885                                                                       

                      We enter a new ground of rejection of claims 1, 2, 4-10, 12, and 13                    
                under 35 U.S.C § 103(a) as unpatentable over Proctor and Park.                               

                                    TIME PERIODS FOR RESPONSE                                                
                      This decision contains a new ground of rejection 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 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. . . .                         







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