Appeal No. 99-0389
Application 08/709,218
(b)(1) Appellant may file a reply brief to
an examiner's answer within two months from
the date of such examiner's answer. . . .
The primary examiner must either
acknowledge receipt and entry of the reply
brief or withdraw the final rejection and
reopen prosecution to respond to the reply
brief.
In addition, an Information Disclosure Statement
(IDS) was filed June 11, 1999 (Paper No. 14) and 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 appellants of the Primary Examiner's decision is
required.
Finally, a further examination of the file reveals
that an amendment filed February 11, 1998 (Paper No. 8) was
not properly entered. Title 37 CFR § 1.122(a) (1997) states:
Amendments are "entered" by the
Office by making the proposed
deletions by drawing a line in red
ink through the word or words
cancelled, and by making the
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