Appeal No. 2004-1766
Application 09/841,343
MPEP §§ 1206 and 1215.04 (8th ed., Rev. 2, May 2004; 1200-8 – 1200-09 and 1200-12;
1200-40 – 1200-41).
Accordingly, the examiner is required to take appropriate action consistent with current
examining practice and procedure to notify appellant of non-compliance with the rules in the
failure to address the ground of rejection under 35 U.S.C. § 103(a) in the brief as required there
under, with a view toward placing this application in condition for decision on appeal with
respect to the issues presented.
We hereby remand this application to the examiner, via the Office of a Director of the
Technology Center, for appropriate action in view of the above comments.
This application, by virtue of its “special” status, requires immediate action. See MPEP
§ 708.01(D) (8th ed., Rev. 2, May 2004; 700-127). It is important that the Board of Patent
Appeals and Interferences be informed promptly of any action affecting the appeal in this case.
See, e.g., MPEP§ 1211 (8th ed., Rev. 2, May 2004; 1200-30).
Remanded
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
)
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
ROMULO H. DELMENDO )
Administrative Patent Judge )
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