Appeal No. 2005-1415 Page 6
Application No. 09/253,174
CONCLUSION
To summarize, the decision of the Examiner to reject claims 13 and 15 under
35 U.S.C. § 102(b) is affirmed. Because we are unable to review of the rejection of claim 19, we
do not reach a decision with regard to the rejection of that claim, but instead remand the
application to the Examiner for action not inconsistent with the above discussion.
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.
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007