Ex parte MATHIOWITZ - Page 16




          Appeal No. 95-2876                                                          
          Application 07/906,403                                                      


               With respect to the new rejections under 37 CFR §                      
          1.196(b), should appellants elect the alternate option under                
          that rule to prosecute further before the Primary Examiner by               
          way of amendment or showing of facts, or both, not previously               
          of record, a shortened statutory period for making such                     
          response is hereby set to expire two months from the date of                
          this decision.  In the event appellants elects this alternate               
          option, 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 us for final action on the affirmed rejection, including                 
          any timely request for reconsideration thereof.                             





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