Ex Parte Orocio et al - Page 8



          Appeal No. 2005-2192                                                        
          Application No. 10/047,865                                                  

               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. . . .                                                 
                            AFFIRMED; 37 CFR § 41.50(b)                               















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