Ex parte KOBAYASHI et al. - Page 18




          Appeal No. 96-0005                                                          
          Application 07/722,599                                                      


          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 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 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.                                                
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
           1.136(a).                                                                 


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