Appeal No. 2003-0675 Application No. 09/789,388 (4th ed., New York, John Wiley & Sons, Inc. 1992). Concerning the appellants’ overall submission, the examiner stated: “The reply brief filed 11/6/02 has been entered and considered. The application has been forwarded to the Board of Patent Appeals and Interferences for decision on the appeal.” (Communication mailed Jan. 22, 2003, paper 15.) The examiner, however, did not comment on whether the newly submitted evidence has been entered and considered. 37 CFR § 1.195 states: “Affidavits, declarations, or exhibits submitted after the case has been appealed will not be admitted without a showing of good and sufficient reasons why they were not earlier presented.” In addition, MPEP § 1208.03 (Aug. 2001) explains: Amendments, affidavits, and/or other evidence must be submitted in papers separate from the reply brief, and the entry of such papers is subject to the provisions of 37 CFR 1.116 and 37 CFR 1.195. A paper that contains an amendment (or evidence) is not a reply brief within the meaning of 37 CFR 1.193(b). Such a paper will not be entitled to entry simply because it is characterized as a reply brief. It is clear, therefore, that the examiner’s failure to comment on the newly submitted evidence is not in accordance with current patent practice and procedure. To correct this deficiency, the examiner must clarify whether the submission of the evidence complies with the provisions of 37 CFR § 1.195 2Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007