Ex parte OHTA et al. - Page 9




                Appeal No. 95-2427                                                                                                          
                Application 08/013,987                                                                                                      

                        Appeals and Interferences upon the same record....                                                                  

                        Should the appellants elect to prosecute further before the primary examiner pursuant to 37 CFR                     

                § 1.196(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 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 the Board of Patent Appeals                    

                and Interferences for final action on the affirmed rejection, including any timely request for rehearing thereof.           



                                                 REVERSED and 37 CFR § 1.196(b)                                                             



                                         CAMERON WEIFFENBACH                              )                                                 
                                         Administrative Patent Judge               )                                                        
                                                                                          )                                                 
                                                                                          )                                                 
                                                                                          ) BOARD OF PATENT                                 
                                         JOAN ELLIS                                       )                                                 
                                         Administrative Patent Judge                      )   APPEALS AND                                   
                                                                                          )                                                 
                                                                                          ) INTERFERENCES                                   
                                                                                          )                                                 
                                         TERRY J. OWENS                                   )                                                 
                                         Administrative Patent Judge                      )                                                 


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