Ex Parte McAnalley - Page 8




              Appeal No. 2006-1742                                                                                         
              Application No. 10/001,439                                                                                   
                     37 C.F.R. ' 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 C.F.R  §41.50(b)                                                  


                                                                               )                                           
                                    Donald E. Adams    )                                                                   
                                    Administrative Patent Judge  )                                                         
                                                                               )                                           
                                                                               )                                           
                                                                               ) BOARD OF PATENT                           
                                    Demetra J. Mills    )                                                                  
                                    Administrative Patent Judge  )   APPEALS AND                                           
                                                                               )                                           
                                                                               ) INTERFERENCES                             
                                                                               )                                           
                                    Lora M. Green    )                                                                     
                                    Administrative Patent Judge  )                                                         








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