Ex parte MORICONI et al. - Page 10




               Appeal No. 1999-1606                                                                                                 
               Application No. 08/968,384                                                                                           


               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               

               reconsideration 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)                                                      






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