Appeal No. 97-2864
Application 08/445,592
1. for clarifying the entry status of the amendment
filed February 2, 1996 (Paper No. 28):
a. If the amendment has been entered, appellant
should be notified in writing regarding entry of the
amendment;
b. If the amendment has not been entered,
Appellant's Appeal Brief is defective because it no longer
contains an accurate appendix. See 37 CFR §
1.192(c)(9)(1996). Appellant should be notified to submit a
new Appendix to the Appeal Brief which contains a
correct copy of the claims (particularly claims 1, 7, 11 and
17, which reflect entry of the February 2, 1996 amendment
(Paper No. 28));
2. for notification to appellant in writing of the
action taken; and
3. for such further action as may be appropriate.
It is important that the Board of Patent Appeals and
Interferences be informed promptly of any action affecting the
status of the appeal (i.e., abandonment, issue, reopening
prosecution).
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