Ex Parte Kapur et al - Page 12

               Appeal 2007-1926                                                                             
               Application 10/062,234                                                                       

                      examiner, in which event the proceeding will be remanded to                           
                      the examiner. . . .                                                                   
                      (2) Request rehearing.  Request that the proceeding be reheard                        
                      under § 41.52 by the Board upon the same record. . . .                                
                      Should the appellant elect to prosecute further before the examiner                   
               pursuant to 37 C.F.R. § 41.50(b)(1), in order to preserve the right to seek                  
               review 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 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.                                                                           

                                              TIME PERIOD                                                   
                      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                                                     

               dm                                                                                           

               GENERAL ELECTRIC COMPANY (PCPI)                                                              
               C/O FLETCHER YODER                                                                           
               P. O. BOX 692289                                                                             
               HOUSTON TX 77269-2289                                                                        

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