Appeal No. 2004-0146
Application 09/851,911
In addition to affirming the examiner’s rejection of
one or 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 con-
sidered 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
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