Appeal No. 96-1214
Application No. 08/065,182
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.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
AFFIRMED-IN-PART 37 CFR § 1.196(b)
MICHAEL SOFOCLEOUS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MARY F. DOWNEY ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
EDWARD C. KIMLIN )
Administrative Patent Judge )
MFD/caw
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