Appeal 2007-2995
Application 10/998,567
37 C.F.R. § 41.41 (2006) provides in pertinent part (emphasis added):
. . . .
(a)(2) A reply brief shall not include any new or non-
admitted amendment, or any new or non-admitted
affidavit or other evidence. See § 1.116 of this title for
amendments, affidavits or other evidence filed after final
action but before or on the same date of filing an appeal
and § 41.33 for amendments, affidavits or other evidence
filed after the date of filing the appeal.
(b) A reply brief that is not in compliance with paragraph
(a) of this section will not be considered. Appellant will
be notified if a reply brief is not in compliance with
paragraph (a) of this section.
We have thus not considered the present Reply Brief, and will not
consider it in the event that the proceeding returns to the Board.
This application, by virtue of its “special” status, requires an
immediate action. See MPEP § 708.01. It is important that the Board be
informed promptly of any action affecting the appeal in this case.
REMANDED
pgc
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