Appeal No. 96-0776
Application 07/953,539
With respect to the new rejection 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.
If the appellant elects 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