Ex Parte DEMARCO et al - Page 14




          Appeal No. 2001-1898                                                        
          Application No. 08/835,945                                                  


               (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 appellants 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 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.              














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