The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 20
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte C. ALEXANDER TURNER, JR.,
BRIAN MATHUR, and
D. WADE WALKE
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Appeal No. 2003-2029
Application 09/878,764
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ORDER REMANDING TO THE EXAMINER
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On August 7, 2003, Appellants filed a Reply Brief (Paper No. 19), and a petition
for an one (1) month extension of time under 37 CFR 1.136(a) (Paper No. 18). There is
no indication on the record that these papers were considered by the examiner.
It is noted for both appellants and the examiner that 37 CFR § 1.193(b)(1) sets
forth the requirements for the request for submission of a reply brief and is reproduced
below.
§ 1.193. Examiner’s answer and reply brief.
. . . . (b)(1) Appellant may file a reply brief to an
examiner’s answer or a supplemental examiner ’s answer
within two months from the date of such examiner ’s answer
or supplemental examiner ’s answer. See § 1.136(b) for
extensions of time for filing a reply brief in a patent
application and § 1.550© for extensions of time for filing a
reply brief in a reexamination.
In the instant application, Appellants submitted the Reply Brief one month after
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Last modified: November 3, 2007