Appeal No. 97-0082
Application No. 07/993,718
or showing of facts, or both, not previously of record, a
shortened statutory period for making such response is hereby set
to expire two months from the date of this decision. In the
event appellants elect this alternate option, in order to
preserve the right to seek review under 35 U.S.C. § 141 or 145
with respect to the affirmed rejections, 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 rejections are overcome.
If the appellants elect 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 us for final
action on the affirmed rejection, including any timely request
for reconsideration thereof.
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Last modified: November 3, 2007