Appeal No. 94-3812
Application 07/857,701
claims in appellant's appendix to his brief were not the
claims on appeal.
On March 14, 1994, appellant filed a reply brief
responding to the new ground of rejection and a separate
amendment on even date (Paper Numbers 24 and 25,
respectively). On April 21, 1994, the examiner filed a
supplemental Answer to appellant's reply brief wherein the
examiner modified his new ground of rejection (Paper Number
26). The application was received at the Board of Patent
Appeals and Interferences (the Board) on August 5, 1994. On
October 21, 1996, the application was remanded to the examiner
by one of the Board's Program and Resource Administrators for:
(1) the signature of the Supervisory Primary Examiner
approving the new ground of rejection; (2) stating the status
of the amendment of March 14, 1994 ; and, (3) requiring a2
correct appendix to the brief containing the claims on appeal
(Paper Number 27).
The examiner responded to the remand in a paper captioned
"Examiner's Answer" and filed on October 30, 1996, and
The Program and Resource Administrator's reference to2
the amendment of February 1, 1996 in the Remand is not
understood as there is no amendment of February 1, 1996, in
the record.
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