Ex parte SCHAUBACH - Page 38




          Appeal No. 1999-1987                                      Page 38           
          Application No. 08/400,129                                                  


          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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