Ex Parte Gardner et al - Page 9

                Appeal 2007-2956                                                                              
                Application 10/677,733                                                                        
                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 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.                                                                            
                      No time period for taking any subsequent action in connection with                      
                this appeal may be extended under 37 C.F.R. § 1.136(a).                                       

                                          AFFIRMED; § 41.50(b)                                                





                lbg                                                                                           


                RICHARD ARON OSMAN                                                                            
                4070 CALLE ISABELLA                                                                           
                SAN CLEMEMTE CA 92672                                                                         






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