Ex Parte Gutta et al - Page 9

                Appeal 2007-1246                                                                                   
                Application 10/014,180                                                                             

                       37 C.F.R. § 41.50(b) also provides that 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. . . .                              






















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