Ex Parte Bolken - Page 10

                 Appeal 2007-0828                                                                                      
                 Application 10/456,455                                                                                
                 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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