Appeal No. 1999-1505 Page 14
Application No. 08/638,454
reconsidered by the examiner, in which event the
application will be remanded to the examiner. . . .
(2) Request that the application be reheard
under § 1.197(b) by the Board of Patent Appeals and
Interferences upon the same record. . . .
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
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; REMANDED; 37 CFR § 1.196(b)
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