Ex Parte McBrearty et al - Page 9

             Appeal 2007-0731                                                                                   
             Application 09/899,454                                                                             

        1          37 CFR § 41.50(b) also provides that the Appellants, WITHIN TWO                              
        2    MONTHS FROM THE DATE OF THE DECISION, must exercise one of the                                     
        3    following two options with respect to the new ground of rejection to avoid                         
        4    termination of the appeal as to the rejected claims:                                               
        5          (1) Reopen prosecution.  Submit an appropriate amendment of the                              
        6          claims so rejected or new evidence relating to the claims so rejected,                       
        7          or both, and have the matter reconsidered by the examiner, in which                          
        8          event the proceeding will be remanded to the examiner. . . .                                 
        9                                                                                                       
        10         (2) Request rehearing.  Request that the proceeding be reheard under                         
        11         § 41.52 by the Board upon the same record. . . .                                             
        12                                                                                                      
        13                                       AFFIRMED                                                       
        14                                    37 CFR § 41.50(b)                                                 
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        20   vsh                                                                                                
        21                                                                                                      
        22                                                                                                      
        23   VOLEL EMILE                                                                                        
        24   INTERNATIONAL BUSINESS MACHINES CORPORATION                                                        
        25   INTELLECTUAL PROPERTY LAW DEPARTMENT                                                               
        26   11400 BURNET ROAD, INTERNAL ZIP 4054                                                               
        27   AUSTIN TX 78758                                                                                    





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