Ex parte MOORMAN - Page 16




          Appeal No. 95-3406                                                          
          Application 07/940,016                                                      



          35 U.S.C. § 112, first and second paragraphs, and under 35 U.S.C.           
          § 102(b) have been made pursuant to the provisions of 37 CFR                
          § 1.196(b).                                                                 
               Any request for reconsideration or modification of this                
          decision by the Board of Patent Appeals and Interferences based             
          upon the same record must be filed within one month from the date           
          hereof (37 CFR § 1.197).                                                    
               With respect to the new rejections under 37 CFR § 1.196(b),            
          should appellant 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 appellant 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.                            





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