Ex Parte WESCHLER - Page 11




          Appeal No. 2003-1986                                                         
          Application 09/315,200                                                       

                                      CONCLUSION                                       
               The rejection of claims 1-53 is reversed.                               
               A new ground of rejection of claims 42-47 under 35 U.S.C.               
          § 101 is entered pursuant to 37 CFR § 41.50(b).                              
               This decision contains a new ground of rejection pursuant to            
          37 CFR § 41.50(b) (effective September 13, 2004, 69 Fed. Reg.                
          49960 (August 12, 2004), 1286 Off. Gaz. Pat. Office 21                       
          (September 7, 2004)).  37 CFR § 41.50(b) provides "[a] new ground            
          of rejection pursuant to this paragraph shall not be considered              
          final for judicial review."                                                  
               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. . . .                                                  







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