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 NextLast modified: November 3, 2007