Ex Parte Hao et al - Page 8




              Appeal No. 2005-0433                                                                                         
              Application No. 09/982,481                                                                                   

              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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