Appeal 2006-3331
Application 10/829,797
In addition to affirming the Examiner's rejection of one or more claims, this
decision contains a remand. 37 C.F.R. § 41.50(e) (2006) provides:
Whenever a decision of the Board includes a remand,
that decision shall not be considered final for judicial
review. When appropriate, upon conclusion of
proceedings on remand before the examiner, the Board
may enter an order otherwise making its decision final
for judicial review.
Regarding any affirmed rejection, 37 C.F.R. § 41.52(a)(1) provides,
“Appellant may file a single request for rehearing within two months of 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 rejection is 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.
AFFIRMED AND REMANDED
JRG
ZARLEY LAW FIRM P.L.C.
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DES MOINES, IA 50309-2350
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