Ex Parte Ahluwalia - Page 4

                Appeal 2007-2600                                                                             
                Application 10/354,216                                                                       

                has not considered the issues and accordingly, the issues in this appeal have                
                been incompletely prosecuted and briefed, and thus, the record is incomplete                 
                for purposes of appeal.                                                                      
                      Accordingly, the Examiner is required to take appropriate action                       
                consistent with current examining practice and procedure to consider the                     
                issues with respect to incorporation-by-reference of “essential material”                    
                from the Ahluwalia reference in the parent Application and the Provisional                   
                Application and the applicability of the ground of rejection under 35 U.S.C.                 
                § 102(b) over the Ahluwalia reference set forth above, with a view toward                    
                placing this application in condition for decision on appeal with respect to                 
                the issues presented.                                                                        
                      This Remand is made for the purpose of directing the Examiner to                       
                further consider the grounds 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 C.F.R.                    
                § 41.50(a)(2) (2007), “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.                                                       










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