Appeal 2006-3060
Application 09/683,735
BASIS FOR REMAND
37 C.F.R. § 41.37(d) (September 2006) provides that Appellants will
be notified of any deficiency in the brief under the rules and provided with
the opportunity to correct the deficiency. See MPEP § 1205.03 (8th ed.,
Rev. 3, August 2005). Here, the Examiner is ordered to clarify the appeal
record by providing Appellants with a Notification and the opportunity to
cure the above-noted inconsistencies in the previously filed Briefs by filing
an Amended Brief (a substitute Brief, not a Supplemental Brief, for the three
current Briefs on file) with a view toward placing this application in better
condition for decision on appeal.
Upon submission of such an Amended Brief, the Examiner should
submit a replacement Answer directed thereto.
ORDER
Accordingly, the Examiner is required to take appropriate action
consistent with current examining practice and procedure to rectify the
above-noted matters. 37 C.F.R. § 41.50(a)(2) (2005) does not apply.
We hereby remand this application to the Examiner, via the Office of
a Director of the Technology Center involved, for appropriate action in view
of the above comments.
This application, by virtue of its “special” status, requires immediate
action.
REMANDED
clj
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Last modified: September 9, 2013