Appeal No. 2003-0420 Παγε 3
Application No. 09/533,904
If the examiner determines that the rejection under 35 U.S.C. § 251 remains
appropriate, the examiner is authorized to prepare a supplemental examiner's answer
specifically addressing the § 251 rejection. See 37 CFR § 1.193(b)(1). In the event that
the examiner furnishes a supplemental answer, the appellant may file a reply brief in
accordance with 37 CFR § 1.193(b)(1).
If the examiner determines that the rejection under 35 U.S.C. § 251 is no longer
appropriate, the examiner should withdraw the rejection in an appropriate Office action.
CONCLUSION
This application, by virtue of its "special" status, requires immediate action, see
MPEP § 708.01.
If after action by the examiner in response to this remand there still remains
decision(s) of the examiner being appealed, the application should be promptly returned
to the Board of Patent Appeals and Interferences.
BRUCE H. STONER, JR. )
Chief Administrative Patent Judge )
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) BOARD OF PATENT
GARY V. HARKCOM ) APPEALS
Vice Chief Administrative Patent Judge ) AND
) INTERFERENCES
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