Appeal No. 2004-2124
Application No. 09/795,197
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. . . .
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 CFR § 1.136(a) (1) (iv).
REVERSED - 37 CFR § 41.50(b)
JERRY SMITH )
Administrative Patent Judge )
)
)
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) BOARD OF PATENT
HOWARD B. BLANKENSHIP ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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ROBERT E. NAPPI )
Administrative Patent Judge )
REN:clm
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