Appeal No. 2005-0460
Application No. 09/775,881
consideration of a rejection of claims 1-6 and 13-18 under
35 U.S.C. § 103.
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:
Whenever 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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