Appeal No. 1997-3823
Application No. 08/320,782
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 appellants elect 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 con-
nection with this appeal may be extended under 37 CFR §
1.136(a).
AFFIRMED-IN-PART; 37 CFR § 1.196(b)
BRUCE H. STONER, JR. )
Chief Administrative Patent Judge )
)
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