Appeal No. 1998-0515
Application 08/425196
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.
No time period for taking any subsequent action in connection with this appeal may be
extended under 37 C.F.R. § 1.136(a).
AFFIRMED
37 C.F.R. § 1.196(b)
IAN A. CALVERT )
Administrative Patent Judge )
)
) BOARD OF PATENT
) APPEALS AND
NEAL E. ABRAMS ) INTERFERENCES
Administrative Patent Judge )
)
)
)
JOHN F. GONZALES )
Administrative Patent Judge )
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