Appeal No. 2006-1371
Application No. 10/323,250
Regarding any affirmed rejection, 37 CFR § 41.52(a)(1)
provides "[a]ppellants 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 rejections
are 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.
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