Appeal No. 2000-0852 Page 12
Application No. 09/061,314
In addition to affirming the examiner's rejection of one of 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:
(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 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.
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