Ex parte BURMEISTER et al. - Page 10




          Appeal No. 1999-1959                                      Page 10           
          Application No. 08/881,586                                                  


          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 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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