Appeal No. 95-0140
Application 08/002,528
affirmance is deferred until conclusion of the prosecution before
the examiner unless, as a mere incident to the limited prosecu-
tion, 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 us 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)
Bruce H. Stoner, Jr. )
Chief Administrative Patent Judge )
)
)
) BOARD OF PATENT
Ian A. Calvert ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
James M. Meister )
Administrative Patent Judge )
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