Ex Parte TRACY - Page 30



          Appeal No. 2002-0913                                                        
          Application No. 09/107,643                                                  

          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.              















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