Ex Parte KIMURA et al - Page 6




              Appeal No. 2000-2176                                                                                         
              Application No. 08/436,526                                                                                   

                                                     CONCLUSION                                                            
                     In view of the foregoing, we have granted appellants’ request to the extent that                      
              we have reconsidered our decision mailed June 28, 2002.  However, we deny the                                
              request with respect to making any changes therein.                                                          
                     This application is remanded to the examiner for reconsideration of the                               
              provisional double patenting rejection.  This application, by virtue of its “special” status,                
              requires an immediate action.  See MPEP § 708.01.  It is important that the Board be                         
              informed promptly of any action affecting the appeal in this case.                                           























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