Ex parte HATTORI - Page 10

               Appeal No. 1999-1721                                                                         Page 10                  
               Application No. 08/734,125                                                                                            

               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 rehearing thereof.                                                                   

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