Appeal No. 1998-2817
Application No. 08/455,366
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 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
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
37 CFR 1.196(b)
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