Ex parte LIPPS - Page 13




          Appeal No. 1997-1109                                                        
          Application No. 08/250,223                                                  
                    (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 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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