Appeal No. 2006-0215
Application 10/087,742
Rev. 3, August 2005; 1200-46); 1286 Off. Gaz. Pat. & Trademark Office 37-38 (September 7,
2004).
The examiner’s communication mailed October 17, 2005, is in fact a supplemental
examiner’s answer and there is no indication in the communication that the supplemental
examiner’s answer was approved by a Technical Center Director or his/her designee.
Thus, the issue is raised as to whether the communication mailed October 17, 2005, is
properly part of the record on appeal.
Accordingly, the examiner is required to take appropriate action consistent with current
examining practice and procedure to either have the supplemental answer mailed October 17,
2005, approved by a Technical Center Director or his/her designee, or to vacate the
communication mailed October 17, 2005, and mail a new communication that only
acknowledges receipt and entry of the reply brief, with a view toward placing this application in
condition for decision on appeal with respect to the issues presented.
This remand is not made for the purpose of directing the examiner to further consider the
grounds of rejection.
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.
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