Yes, upon further reading it look like you are correct. Before we can appeal a USPTO action, it must be a final action. And the next appeal would be to the Board of Patent Appeals, and then to the Court of Appeals for the Federal Circuit.

If the examiner rejects claim 29 of the 584 in a final office action, I presume we will immediately initiate an appeal to the Board of Patent Appeals, and continue on to the Court of Appeals for the Federal Circuit if necessary. But since we are already there now for appeal of the stipulated order, we should have an answer on that issue before we exhaust our appeals through the USPTO. Actually, I think our chances for getting a reversal on the MH construction are quite good. My hope is that a reversal will impact any final decision on appeal at the USPTO. Opty