Appeal 2007-0368
Application 10/178,127
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 Appellants 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 C.F.R. § 1.136(a).
AFFIRMED, 37 C.F.R. § 41.50(b)
jlb
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