Ex parte BRIGHT - Page 15




          Appeal No. 1998-0483                                                        
          Application No. 08/543,840                                                  




          to the rejected claims:                                                     
               (1) Submit an appropriate amendment of the claims so                   
               rejected or a showing of facts relating to the claims                  
               so rejected, or both, and have the matter reconsidered                 
               by the examiner, in which event the application will be                
               remanded to the examiner. . . .                                        
               (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              

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