Appeal No. 2005-0980 Page 15
Application No. 09/818,228
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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