Appeal No. 2001-2305
Application 08/669,674
appeal brief (Paper No. 28) on November 13, 2000. Upon being
notified by the examiner that the brief was not acceptable
because the statutory fee for filing the brief had not been
submitted (see Paper No. 29), the appellants submitted the
requisite fee on December 5, 2000 (see Paper No. 30). The record
does not show that the appellants filed a petition and fee for an
extension of time to accommodate the delay in paying the appeal
brief fee.
V. On February 13, 2001, the examiner issued an examiner’s
answer (Paper No. 31) in response to the appellants’ brief.
VI. On March 23, 2001, the appellants submitted a letter
(Paper No. 32) which the examiner characterized as a reply brief
and noted (see Paper No. 33) before forwarding the application to
this Board.
The record does not indicate that the appellants ever filed,
in connection with the current appeal proceedings, a notice of
appeal pursuant to 37 CFR § 1.191(a) or the corresponding
statutory fee required by 35 U.S.C. § 41(a)(6)(A). This apparent
lapse arguably renders the application abandoned, which of course
would deprive us of any jurisdiction to hear the appeal. The
examiner is directed to take appropriate action to resolve this
matter in accordance with the relevant statutes and regulations.
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