Ex Parte Shwarts et al - Page 56



                   Appeal 2007-0493                                                                                                 
                   Application 10/289,967                                                                                           
                   Patent 6,144,380                                                                                                 

                                  (1)  Submit an appropriate amendment of the claims so                                             
                           rejected or a showing of facts relating to the claims so rejected,                                       
                           or both, and have the matter reconsidered by the Examiner, in                                            
                           which event the application will be remanded to the Examiner.                                            
                                  (2)  Request rehearing under § 41.50(b)(2) by the Board                                           
                           of Patent Appeals and Interferences upon the same record.  A                                             
                           rehearing under this section must also state all other grounds                                           
                           upon which rehearing is sought.                                                                          
                           Should the Appellants elect to prosecute further before the Examiner,                                    
                   in order to preserve the right to seek review under 35 U.S.C. §§ 141 or 145                                      
                   with respect to the affirmed rejection, the effective date of the affirmance is                                  
                   deferred until conclusion of the prosecution before the Examiner unless, as a                                    
                   mere incident to the limited prosecution, the affirmed rejection is overcome.                                    
                           If the Appellants elects further prosecution before the Examiner and                                     
                   further prosecution does not result in allowance of the application,                                             
                   abandonment or a second appeal, this application should be returned to the                                       
                   Board of Patent Appeals and Interferences for entry of a final decision with                                     
                   respect to the affirmed rejection, including any action on any timely request                                    
                   for reconsideration thereof.                                                                                     






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