Appeal No. 2007-0091
Application No. 09/765,491
prosecution before the examiner unless, as a mere incident to the limited
prosecution, the affirmed rejection is overcome.
If the 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 rejection, including any timely request for
rehearing thereof.
AFFIRMED-IN-PART, 37 CFR § 41.50(b)
TONI R. SCHEINER )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
ERIC GRIMES )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
NANCY J. LINCK )
Administrative Patent Judge )
EG
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