Appeal No. 2000-1666
Application 08/754,245
Regarding an 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 on 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 rejection, including any timely request for rehearing
thereof.
This application, by virtue of its “special” status,
requires immediate action, see MPEP § 708.01 (Seventh Edition,
Rev. 1, February 2000).
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