Ex parte SCHULTZ - Page 14




          Appeal No. 98-2792                                                          
          Application 08/516,257                                                      



                    The decision of the examiner is affirmed-in-part.                 


                    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                                                    
                    [w]henever 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:                                                                   
                    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              

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