Appeal 2007-0325
Application 09/780,248
1 matter reconsidered by the examiner, in which event the proceeding will be
1 remanded to the examiner . . . .
2
3
4 (2) Request rehearing. Request that the proceeding be reheard under § 41.52 by
4 the Board upon the same record . . . .
5
6
7 Should the Appellant elect to prosecute further before the Examiner pursuant to
8 37 C.F.R. § 41.50(b)(1), in order to preserve the right to seek review under 35
9 U.S.C. §§ 141 or 145 with respect to the affirmed rejection, the effective date of
10 the affirmance is deferred until conclusion of the prosecution before the Examiner
11 unless, as a mere incident to the limited prosecution, the affirmed rejection is
12 overcome.
13 If the Appellant elects prosecution before the Examiner and this does not result
14 in allowance of the application, abandonment or a second appeal, this case should
15 be returned to the Board of Patent Appeals and Interferences for final action on the
16 affirmed rejection, including any timely request for rehearing thereof.
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Last modified: September 9, 2013