Appeal No. 2005-0894
Application No. 09/949,736
2) Define the corresponding structure, if properly
described, in the specification (specify page and line
numbers in the specification);
3) Compare the prior art structure relied upon by the
examiner with the corresponding structure in the
specification; and
4) Determine whether the prior art structure is equivalent
to or identical to the corresponding structure
described in the specification within the meaning of
Section 102(b).
Should the examiner decide to maintain the above Section 102 (b)
rejection or set forth any new ground of rejection after
following the above instruction, the examiner is to provide a
supplemental answer. The supplemental answer must address the
above inadequacies and/or set forth an applicable new ground of
rejection. To avoid sua sponte dismissal of the appeal as to the
claims subject to any of the above rejections, 37 CFR §§ 41.39(b)
and 41.50(a)(2) (2004) require the appellant to request within
two months from the date of the supplemental answer that either
a) “the appeal be maintained by filing a reply brief as provided
by § 41.41..." or
5
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007