Appeal No. 1999-2243
Application 08/567,081
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
exami-ner 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).
This application, by virtue of its "special" status,
requires an immediate action, MPEP § 708.01. It is important
that the Board be informed promptly of any action affecting
the appeal in this case.
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