Appeal No. 2005-0841
Application No. 08/230,083
1966) (proceedings involving reissue should be handled
expeditiously inasmuch as term of reissue patent is running).
3. Accordingly, in an attempt to minimize any
prejudice to applicant, we exercise our discretion by authorizing
applicant to proceed under any one of the following options, the
choice of the option being up to applicant.
(1) Option 1: Applicant can accept our decision
as final, in which case the appeal would be concluded.
(2) Option 2: Within two (2) months of the date
of this decision, applicant may file a request for rehearing.
37 CFR § 41.52(a)(1) (2005).
(3) Option 3: Applicant may treat this decision
as a non-final decision (i.e., an interlocutory order), in which
case within two (2) months of the date of this decision applicant
is invited to file a brief responding to any points discussed in
our opinion. 37 CFR § 41.50(d) (2005). The brief may rely (1)
on the record, as it exists at this time, and (2) any public
document not in the record at the present time, provided the
document was available to the public at the time an amendment was
made in the application which matured into the patent sought to
be reissued. Copies of any document relied upon which is not
already of record must be supplied with any brief. If applicant
be so advised, the brief may also discuss whether, and how, what
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