Ex parte ITO et al. - Page 13




          Appeal No. 95-3900                                        Page 13           
          Application No. 07/978,030                                                  
          preserve their right to review under 35 U.S.C. §§ 141 or 145                
          with respect to the affirmed rejections unless, as a mere                   
          incident to the limited prosecution, the affirmed rejection is              
          overcome.                                                                   
               If 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 the Board for final action on the affirmed rejection,                    
          including any timely request for rehearing.                                 





























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