Ex parte BALLESTEROS - Page 18




                     Appeal No. 1999-0674                                                                                                          
                     Application No. 08/654,536                                                                                                    

                     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)                                                                    







                                               Harrison E. McCandlish, Senior             )                                                        
                                               Administrative Patent Judge        )                                                                
                                                                                          )                                                        
                                                                                          )                                                        
                                                                                          ) BOARD OF PATENT                                        
                                               Jeffrey V. Nase                           )                                                        
                                               Administrative Patent Judge        )    APPEALS AND                                                 
                                                                                          )                                                        
                                                                                          )  INTERFERENCES                                         
                                                                                          )                                                        
                                               Jennifer D. Bahr                          )                                                        
                                               Administrative Patent Judge        )                                                                




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