Ex parte WEST - Page 20




          Appeal No. 1999-1785                                                        
          Application No. 08/512,656                                                  

               application will be remanded to the examiner. . . .                    

               (2) Request that the application be reheard under                      
          § 1.197(b) by the Board of Patent Appeals and Interferences                 
          upon the same record. . . .                                                 

               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.                                              





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