Appeal No. 94-2742
Application 07/792,600
Should 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 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 reconsideration 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)
William F. Smith )
Administrative Patent Judge )
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) BOARD OF PATENT
Andrew H. Metz ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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