Ex parte MONAHAN - Page 3




               Appeal No. 1998-2747                                                                                                  
               Application 08/427,203                                                                                                


                           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 for reconsideration thereof.                                                         

                           In view of our omission of these form paragraphs from our original decision, the time                     

                   period for filing a request for rehearing under 37 CFR  1.197(b) is reset to expire TWO                          

                   MONTHS from the mailing date of this modification of our decision, and the time period for                        

                   exercising one the two options under 37 CFR  1.196(b) is likewise reset to expire TWO                            

                   MONTHS from the mailing date of this modification of our decision. Since the time periods                         

                   under 37 CFR  1.197(b) and 37 CFR  1.196(b) have been reset to commence with the                                


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