Appeal No. 2004-0975
Application No. 09/793,595
37 CFR § 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. . . .
REVERSED; 37 CFR § 41.50(b)
James D. Thomas )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Michael R. Fleming ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
Stuart S. Levy )
Administrative Patent Judge )
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