Appeal Number: 2006-3291
Application Number: 10/178,845
(2) Request rehearing. Request that the proceeding be reheard under § 41.52
by the Board upon the same record . . . .
Should the 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 rejection, 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 the appellant 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 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-IN-PART
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