Ex Parte SHOEMAKER - Page 12




          Appeal No. 2003-2062                                                        
          Application 09/853,568                                                      


          Regarding any affirmed rejection, 37 CFR § 1.197(b) provides:               
                    (b) Appellant my file a single request for rehearing              
               within two months from the date of the original decision . .           
               . .                                                                    


               The effective date of this decision 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 “specials” status,                  
          requires immediate action, see MPEP § 708.01 (Eighth Edition,               
          Revised August 2001).  Further, it is important that the Board of           
          Patent Appeals and Interferences be promptly informed of any                
          action affecting the appeal in this case.                                   







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