Appeal No. 2006-2023 Page 14
Application No. 10/650,785
Should the appellants 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 rejections are overcome.
If the appellants elect 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 rejections, 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)(1)(iv).
In addition, the examiner is reminded that appellants have requested an
interference in this application. The examiner is referred to Chapter 2300 of the Manual
of Patent Examining Procedures (MPEP), 8th ed., rev. 5 (August 2006).
AFFIRMED - 37 CFR § 41.50(b)
/Adriene Lepiane Hanlon/ )
ADRIENE LEPIANE HANLON )
Administrative Patent Judge )
) BOARD OF PATENT
/Romulo H. Delmendo/ ) APPEALS AND
ROMULO H. DELMENDO ) INTERFERENCES
Administrative Patent Judge )
)
/Sally Gardner Lane/ )
SALLY GARDNER LANE )
Administrative Patent Judge )
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