Appeal No. 2004-1949
Application No. 09/851,601
answer, the examiner states that “the petition is currently
under review by the petition’s branch.” Therefore, in order to
avoid piecemeal appeal, we determine that this case is not ripe
for our consideration at this time.
We therefore remand this application to the jurisdiction of
the examiner to await receipt of the decision on petition
before proceeding to this Board forwarding the appeal. In this
regard, we note that matters relating to petitions regarding a
restriction requirement are outside our jurisdiction. MPEP
§§ 1201 and 1002.02(c) (August 2001). This remand to the
examiner pursuant to 37 CFR § 41.50(a)(1) (effective September
13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz.
Pat. Office 21 (September 7, 2004)), is not made for further
consideration of a rejection. Accordingly, 37 CFR § 41.50(a)(2)
does not apply.
This application, by virtue of its special status, requires
an immediate action. MPEP § 708.01(d) 8th Edition, Revision 2,
May 2004. It is important that the Board be informed promptly
of any action affecting the appeal in this case.
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