Appeal No. 97-0904
Application 08/105,699
upon the same record must be filed within one month from the date
hereof (37 CFR 1.197).
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