Appeal No. 2006-0356 4
Application No. 10/228,742
that the Board of Patent Appeals and Interferences be promptly informed of any action
affecting the appeal in this case.
This remand is made for the purpose of directing the examiner to further consider
the ground of rejection. Accordingly, if the examiner submits a supplemental answer to
the Board in response to this remand, “appellant must within two months from the date
of the supplemental examiner’s answer exercise one of” the two options set forth in 37
CFR § 1.41.50(a)(2) (2005), “in order to avoid sua sponte dismissal of the appeal as to
the claims subject to the rejection for which the Board has remanded the proceeding,”
as provided in this rule.
REMANDED
MARC L. CAROFF )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
EDWARD C. KIMLIN ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
CHARLES F. WARREN )
Administrative Patent Judge )
MLC/lp
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