Appeal No. 2007-1027 Page 7
Application No. 10/134,575
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: 41.50(b)
)
Donald E. Adams )
Administrative Patent Judge )
)
) BOARD OF PATENT
)
Demetra J. Mills ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
)
)
Richard M. Lebovitz )
Administrative Patent Judge )
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