Appeal No. 96-1931
Application 07/995,635
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. In other words,
the new ground of rejection is not considered final for the
purpose of judicial review under 35 U.S.C. ' 141 or ' 145.
If the appellants elect prosecution before the examiner
and this does not result in allowance of the application, aban-
donment or a second appeal, this case should be returned to us
for final action on the affirmed rejections, 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).
AFFIRMED-IN-PART
37 CFR ' 1.196(b)
)
JAMES D. THOMAS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JERRY SMITH )
Administrative Patent Judge ) APPEALS AND
)
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