Ex Parte EISNER - Page 19



         Appeal No. 2004-2299                                                       
         Application No. 09/244,006                                                 

              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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