Appeal No. 2006-1504 Page 12
Application No. 09/935,297
(2) Request rehearing. Request that the proceeding be
reheard under § 41.52 by the Board upon the same record. . . .
Should the appellant elect to prosecute further before the examiner pursuant to 37 CFR §
41.50(b)(1), in order to preserve the right to seek review under 35 U.S.C. § 141 or 145 with
respect to the affirmed rejection, the effective date of the affirmance is deferred until conclusion
of the prosecution before the examiner unless, as a mere incident to the limited prosecution, the
affirmed rejection is overcome.
If the appellant elects prosecution before the examiner and this 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.
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Last modified: November 3, 2007