Ex Parte Turner et al - Page 2

              Appeal No 2003-2029                                                                                             
              Application 09/878,764                                                                                          


              the expiration of the two month period from the date of the Examiner’s Answer (Paper                            
              No. 19).                                                                                                        
                      Accordingly, it is                                                                                      
                             ORDERED that the instant application be remanded to the Examiner to:                             
                      (1)    determine whether the Reply Brief filed August 7, 2003 was timely filed;                         
                      (2)    written notification to appellants of said notification; and                                     
                      (3)    for such action as may be appropriate.                                                           
                      It is important that the Board of Patent Appeals and Interferences be informed                          
              promptly of any action affecting the appeal (i.e., abandonment, issue, reopening                                
              prosecution).                                                                                                   


                                                           BOARD OF PATENT APPEALS                                            
                                                           AND INTERFERENCES                                                  


                                                   __________________________________                                         
                                                           Dale M. Shaw                                                       
                                                           Program and Resource Administrator                                 



              Lexicon Genetics Incorporated                                                                                   
              8800 Technology Forest Place                                                                                    
              The Woodlands, TX 77381-1160                                                                                    


              dem                                                                                                             




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