Ex Parte Mazumder - Page 11




              Appeal No. 2004-1495                                                                Page 11                 
              Application No. 09/526,631                                                                                  


                     In addition to affirming the examiner's rejection of one or more claims, this                        
              decision contains a remand.  37 CFR § 41.50(e) (effective September 13, 2004, 69 Fed.                       
              Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004))                            
              provides that                                                                                               
                                   [w]henever a decision of the Board includes a                                          
                            remand, that decision shall not be considered final for                                       
                            judicial review.  When appropriate, upon conclusion of                                        
                            proceedings on remand before the examiner, the Board may                                      
                            enter an order otherwise making its decision final for judicial                               
                            review.                                                                                       
                     Regarding any affirmed rejection, 37 CFR § 41.52(a)(1) provides "[a]ppellant may                     
              file a single request for rehearing within two months from the date of the original                         
              decision of the Board."                                                                                     
                     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 do 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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