Ex Parte COOK - Page 14




          Appeal No. 97-3195                                                          
          Application 08/387,419                                                      


               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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