Ex parte FRAZIER - Page 11




          Appeal No. 97-0707                                                          
          Application No. 08/001,474                                                  


               (1) Submit an appropriate amendment of the claims                      
               so rejected or a showing of facts relating to the                      
               claims so rejected, or both, and have the matter                       
               reconsidered by the examiner, in which event the                       
               application will be remanded to the examiner . . . .                   
                    (2) Request that the application be reheard under                 
               § 1.197(b) by the Board of Patent Appeals and                          
               Interferences upon the same record . . . .                             
               Should the appellant elect to prosecute further before                 
          the Primary Examiner pursuant to 37 CFR § 1.196(b)(1), 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 the Board of            
          Patent Appeals and Interferences for final action on the affirmed           
          rejection, including any timely request for rehearing thereof.              









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