Appeal No. 2001-0099
Application No. 09/042,431
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
(b) Appellant may file a single request for
rehearing within two months from the date of the
original decision . . . .
The effective date of the affirmance is deferred until
conclusion of the proceedings before the examiner unless, as a
mere incident to the limited proceedings, the affirmed
rejection is overcome. If the proceedings before the examiner
do not result in allowance of the application, abandonment or
a second appeal, this case should be returned to the Board of
Patent Appeals and Interferences for final action on the
affirmed rejections, including any timely request for
rehearing thereof.
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