Appeal 2007-0728
Application 09/954,796
1 (2) Request rehearing. Request that the proceeding be reheard under § 41.52
2 by the Board upon the same record . . . .
3 Should the appellants elect to prosecute further before the examiner pursuant to
4 37 C.F.R. § 41.50(b)(1), in order to preserve the right to seek review under 35
5 U.S.C. §§ 141 or 145 with respect to the affirmed rejection, the effective date of
6 the affirmance is deferred until conclusion of the prosecution before the examiner
7 unless, as a mere incident to the limited prosecution, the affirmed rejection is
8 overcome.
9 If the appellants elect prosecution before the examiner and this does not
10 result in allowance of the application, abandonment or a second appeal, this case
11 should be returned to the Board of Patent Appeals and Interferences for final action
12 on the affirmed rejection, including any timely request for rehearing thereof.
13 No time period for taking any subsequent action in connection with this
14 appeal may be extended under 37 C.F.R. § 1.136(a).
15
16 AFFIRMED
17 and
18 NEW GROUND OF REJECTION UNDER 37 C.F.R. § 41.50(b).
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22 JRG
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Last modified: September 9, 2013