Ex parte BROGER et al. - Page 27




          Appeal No. 1998-1562                                      Page 27           
          Application No. 08/611,416                                                  


               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.                                                      


               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)                          









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