Ex parte SAMSEL - Page 14




               Appeal No. 97-1871                                                                                                     
               Application 08/325,847                                                                                                 


                       Should the appellant 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 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 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 rejections, 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; 37 CFR § 1.196(b);                                                         
                                                           REMANDED                                                                   





                                       IAN A. CALVERT                         )                                                       
                                       Administrative Patent Judge            )                                                       
                                                                              )                                                       
                                                                              )                                                       
                                                                              ) BOARD OF PATENT                                       

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