Ex Parte Au-Young et al - Page 9



              Appeal No. 2003-1817                                                                  Page 9                 
              Application No. 09/501,714                                                                                   

                            (2) Request that the application be reheard under § 1.197(b) by the                            
                     Board of Patent Appeals and Interferences upon the same record. . . .                                 
                     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.                                      


























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