Ex Parte Preisler - Page 8



          Appeal No. 2005-0361                                                        
          Application 10/252,177                                                      

          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. . . .                                                 

                            REVERSED; 37 CFR § 41.50(b)                               





                                                       )                              
                         CHARLES E. FRANKFORT          )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOHN P. McQUADE               )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         JENNIFER D. BAHR              )                              
                         Administrative Patent Judge   )                              
          JPM:pgc                                                                     
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