Appeal No. 2001-0661 12
Application No. 08/480,232
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 § 1.196(b) provides:
Appellant may file a single request for rehearing within two months
from the date of the original decision. . . .
The effective date of the affirmance in this case 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 affirmed
rejection, including any timely request for rehearing thereof.
This application, by virtue of it’s “special” status, requires immediate action, see
MPEP § 708.01.
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