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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Last modified: November 3, 2007