Appeal 2006-1400
Application 10/649,128
or both, and have the matter reconsidered by the examiner, in which
event the proceeding will be remanded to the examiner. . . .
(2) Request rehearing. Request that the proceeding be reheard under
§ 41.52 by the Board upon the same record. . . .
Should Appellant elect to prosecute further before the Examiner pursuant to
37 C.F.R. § 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 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 rejections, including any timely request for rehearing thereof.
AFFIRMED; 41.50(b)
JRG
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