Ex parte CHARRON et al. - Page 13




          Appeal No. 97-2547                                                          
          Application 07/949,042                                                      


          paragraph 15).                                                              
               In summary:                                                            
               a) the appellants’ request for reconsideration of our                  
          earlier decision wherein we sustain the examiner’s rejection                
          of claims 21 and 26 is denied; and                                          
               b) the decision of the examiner to reject claim 48 in the              
          current appeal is affirmed.                                                 
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
               Should the appellants elect to file a request for                      
          reconsideration pursuant to 37 CFR § 1.197(b) with respect to               
          the sustained rejection of claim 48, this decision will be                  
          treated as non-final for purposes of seeking judicial review                
          until such time as the request for reconsideration is disposed              
          of.                                                                         





                         JAMES M. MEISTER              )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
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