Ex Parte UBILLOS - Page 10



          Appeal No. 2003-1480                                                        
          Application No. 09/127,442                                                  
          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 § 1.196(b) provides that “[a] new ground of rejection shall             
          not be considered final for purposes of judicial review.”                   













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