Ex parte PARKER - Page 12




                  Appeal No. 1998-2989                                                                                                                    
                  Application No. 08/566,987                                                                                                              


                  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 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-IN-PART -  37 CFR § 1.196(b)                                                                     




                                             LEE E. BARRETT                                        )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      



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