Appeal No. 2006-1066 Page 13
Application No. 09/810,109
Should Appellant elect to prosecute further before the examiner pursuant to 37
CFR § 41.50(b)(1), in order to preserve the right to seek review under 35 U.S.C. §§ 141
or 145 with respect to the affirmed rejections, the effective date of the 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 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.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED, 37 CFR § 41.50(b)
Toni R. Scheiner
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Donald E. Adams )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
EG/MLM/jlb
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