Ex Parte Shana'a et al - Page 10


                Appeal No. 2005-1428                                                                              Page 10                     
                Application No. 09/930,320                                                                                                    

                         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. . . .                                                               

                                                           37 CFR § 41.50(b)                                                                  



                                         Joan Ellis                               )                                                          
                                         Administrative Patent Judge               )                                                          
                                                                                   )                                                          
                                                                                   )                                                          
                                                                                   ) BOARD OF PATENT                                          
                                         Donald E. Adams                           )                                                          
                                         Administrative Patent Judge               )   APPEALS AND                                            
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                                                                                   ) INTERFERENCES                                            
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                                         Eric Grimes                              )                                                          
                                         Administrative Patent Judge               )                                                          








                EG/dym                                                                                                                        





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