Appeal No. 95-4590
Application 08/056,188
based upon the same record must be filed within one month from
the date hereof (37 CFR § 1.197).
With respect to the new rejection 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 elect 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 rejections,
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
rejections are 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
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Last modified: November 3, 2007