Ex parte KUPIECKI - Page 13




          Appeal No. 2000-0180                                                        
          Application No. 08/539,943                                                  


          141 or 145 with respect to the affirmed rejections, the                     
          effective date of the affirmance is deferred until conclusion               
          of the prosection before the examiner unless, as a mere                     
          incident to the limited prosecution, the affirmed rejections                
          are overcome.                                                               


               If the appellant elects prosection 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 rejections, 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)                              



                                                       )                              
                         IAN A. CALVERT                     )                         
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