Ex parte MELCHER - Page 22




          Appeal No. 97-0695                                                          
          Application No. 08/273,466                                                  


          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.                             
















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