Ex Parte McKenzie - Page 12

                Appeal  2007-0486                                                                                
                Application 10/441,484                                                                           
                       Regarding any affirmed rejection, 37 CFR § 41.52(a)(1) provides                           
                "[a]ppellant may file a single request for rehearing within two months from                      
                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-IN-PART and REMANDED                                                  






                tc/ls                                                                                            
                REBECCA McKENZIE                                                                                 
                1308 RD. 129, CABIN #4                                                                           
                GLENWOOD SPRINGS, CO 81601                                                                       








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