Appeal No. 2005-2686 Application No. 09/879,823 affirmance is deferred until conclusion of the prosecution before the examiner unless, as a mere incident to the limited prosecution, the affirmed rejection is overcome. If the appellant elects prosecution before the examiner and this does 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 rejection, including any timely request for rehearing thereof. 8Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007