Appeal No. 97-1020
Application 08/229,650
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 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 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).
AFFIRMED-IN-PART 37 CFR § 1.196(b)
IAN A. CALVERT )
Administrative Patent Judge )
)
)
) BOARD OF
PATENT
CHARLES E. FRANKFORT ) APPEALS AND
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