Ex Parte Williams et al - Page 6

                Appeal 2007-1159                                                                                 
                Application 09/839,946                                                                           
                uricase preprations as prepared in the prior art, such as by Lee, and is thus                    
                anticipated by the prior art.                                                                    

                   In summary, we affirm the rejection of claims 50-53 as being anticipated                      
                by Lee.  Because our reasoning differs from that of the Examiner, we                             
                designate the rejection as to those claims as new grounds of rejection.                          

                                      TIME PERIOD FOR RESPONSE                                                   
                       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. . . .                                                   


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