Ex parte CARRARA et al. - Page 4




          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                   



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