Appeal No. 1998-2057 Page 18
Application 08/331,541
(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 prosecution 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 an immediate action. MPEP § 708.01(d)(7th ed., July
1998).
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