Appeal No. 1998-1418 Application 08/313,249 whenever a decision of the Board of Patent Appeals and Interferences includes or allows a remand, that decision shall not be con- sidered 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 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. This application, by virtue of its "special" status, requires immediate action, see MPEP § 708.01 (Seventh Edition, July 1998). 24Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: November 3, 2007