Appeal No. 2004-1827 Page 11
Application No. 09/467,396
SUMMARY
This decision contains a New Ground of Rejection of claims 1-4,
6-13 and 15-20 under 35 U.S.C. § 112, second paragraph.
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 proceedings as to the
rejected claims:
(1) Reopen prosecution
(2) Request a rehearing
If the appellant elects prosecution before the examiner and
this does not result in allowance of the application, abandonment
or a second appeal, this case should be returned to the Board of
Patent Appeals and Interferences for final action on the affirmed
rejection, including any timely request for rehearing thereof.
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