Ex parte MIYASAKA - Page 14




          Appeal No. 98-2126                                        Page 14           
          Application No. 08/490,180                                                  


                    (2) Request that the application be reheard                       
               under § 1.197(b) by the Board of Patent Appeals and                    
               Interferences upon the same record. . . .                              
               Should the appellant elect to prosecute further before the             
          Primary Examiner pursuant to 37 C.F.R. § 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.                                                          
               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-IN-PART                                   
                                 37 C.F.R. § 1.196(b)                                 









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