Appeal 2007- 2080
Application 10/660,990
required review of the documents for compliance with the applicable rules
and, if compliant, for consideration of the references.
We also point out that Appellants’ Brief of August 31, 2006 does not
comply with 37 C.F.R. § 41.37(c)(1)(ix). 37 C.F.R. § 41.37(c)(1)(ix)
requires that an appellant’s brief include an evidence appendix “containing
any copies of any evidence submitted pursuant to §§1.30, 1.131, or 1.132 of
this title or any other evidence entered by the examiner and relied upon by
appellant in the appeal along with a statement setting forth where in the
record that evidence was entered in the record by the examiner.” Appellants
rely upon a § 1.131 Declaration in their attempt to overcome the rejection of
claims 1-4, 6, 7, 9-15, and 21-27 under 35 U.S.C. § 102(b) as anticipated by
Kendrick et al. (US 6,833,415) (Br. 21-22). But Appellants neither include a
copy of the Declaration in the Evidence Appendix, nor state in the Appendix
where in the record this Declaration was entered.
So that the Examiner may resolve the above issues, we order this
Application remanded to the jurisdiction of the Examiner.
REMANDED
cam
2
Page: Previous 1 2 3 Next
Last modified: September 9, 2013