Appeal No. 99-0629 Page 19
Application No. 08/778,059
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
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.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART AND REMANDED
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Last modified: November 3, 2007