Appeal No. 2006-0651
Application 10/050,061
[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 of 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.
AFFIR
MED-IN-PART AND REMANDED
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