Ex parte FRIEDMAN et al. - Page 13




          Appeal No. 95-4914                                                          
          Application No. 08/036,116                                                  


                         (2) Request that the application be                          
                    reheard under § 1.197(b) by the Board of                          
                    Patent Appeal 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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