Ex Parte SCHUH - Page 9




          Appeal No. 97-1033                                                          
          Application 08/190,485                                                      



          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.                                                          
                    No time period for taking any subsequent action in con-           
          nection with this appeal may be extended under 37 CFR § 1.136(a).           
                           AFFIRMED-IN-PART 37 CFR § 1.196                            




                         IRWIN CHARLES COHEN          )                               
                         Administrative Patent Judge  )                               
                                                       )                              
                                                       )                              
                                                       )   BOARD OF PATENT            
                         WILLIAM F. PATE, III         )     APPEALS AND               
                         Administrative Patent Judge  )    INTERFERENCES              
                                                       )                              
                                                       )                              
                                                       )                              
                         JEFFREY V. NASE              )                               
                         Administrative Patent Judge  )                               





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