Ex Parte McAfee et al - Page 10




              Appeal No. 2005-2698                                                               Παγε 10                                        
              Application No. 10/316,636                                                                                                        


                     This decision contains a new ground of rejection pursuant to 37 CFR § 41.50(b)                                             
              (effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz.                                               
              Pat. Office 21 (September 7, 2004)).  37 CFR § 41.50(b) provides "[a] new ground of                                               
              rejection pursuant to this paragraph shall not be considered final for judicial review."                                          
                     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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