What happens when the Board makes a new rejection under 37 CFR 41.50(b)?
When the Board makes a new rejection under 37 CFR 41.50(b), the appellant has two options: Elect to proceed before the examiner: The Board’s affirmance is treated as non-final. Appellant must amend the newly rejected claims or submit new evidence, or both. Prosecution reopens before the examiner. Request rehearing of the new rejection: Must be…
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