Appeal No. 1997-3901
Application No. 08/231,638
Statement (IDS) on April 11, 2000 (Paper No. 22) which has been
matched with this application at the Board of Patent Appeals and
Interferences. The IDS needs to be considered by the primary
examiner with respect to compliance with the criteria set forth in 37
CFR §§ 1.97 and 1.98. A communication notifying appellant of the
primary examiner's decision is required.
Accordingly, it is
ORDERED that the application is remanded to the examiner
for resolution of the following issues:
(1) for the examiner to obtain a copy of the response to the
Reply Brief filed June 11, 1997 (Paper No. 20),
(3) for consideration of the IDS filed April 11, 2000 (Paper
No. 22),
(4) notification to appellants in writing of said
consideration, and
(5) 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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