Appeal No. 1999-2131 Page 21
Application No. 08/971,504
In addition to affirming the examiner's rejection of one
or more claims, this decision contains a remand. 37 CFR §
1.196(e) provides that
Whenever a decision of the Board of Patent
Appeals and Interferences includes or allows a
remand, that decision shall not be considered a
final decision. When appropriate, upon
conclusion of proceedings on remand before the
examiner, the Board of Patent Appeals and
Interferences may enter an order otherwise
making its decision final.
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
does 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
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