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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