Appeal No. 96-1904
Application 08/164,854
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
exami-ner 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.
No time period for taking any subsequent action in
con-nection with this appeal may be extended under 37 CFR §
1.136(a).
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Last modified: November 3, 2007