Appeal No. 2000-0519 Application 08/800,627 Hershey et al when taken in view of Griffiths et al and the patent to Hulyalkar et al ('289)" (Paper No. 24, p. 3). Appellants filed a Supplemental Appeal Brief (Paper No. 25) (pages referred to as "SEA__"), as they were entitled to do because the claims had been twice rejected. The Examiner entered an Examiner's Answer (Paper No. 26) (pages referred to as "EA__") rejecting the claims under § 103 over "the articles to Hershey et al or Griffiths et al when taken in view of the patent to Hulyalkar et al ('289)" (EA4). Appellants filed a Reply Brief (Paper No. 28) (pages referred to as "RBr__"). Examiners are not permitted to file a supplemental examiner's answer unless the application is remanded by the Board for such purpose. 37 CFR § 1.193(b)(1) (1999). As noted by Appellants in their Reply Brief, the Examiner's statement of the rejection in the Examiner's Answer is confusing because it is different from the rejection in the Action of March 15, 1999, Paper No. 24 (RBr1-2). We agree with Appellants' conclusion that the rejection of Paper No. 24 appears to be the more accurate - 4 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007