Ex Parte Corriveau et al - Page 4




              Appeal No. 2006-0356                                                                      4                                      
              Application No. 10/228,742                                                                                                       


              that the Board of Patent Appeals and Interferences be promptly informed of any action                                            
              affecting the appeal in this case.                                                                                               
                     This remand is made for the purpose of directing the examiner to further consider                                         
              the ground of rejection.  Accordingly, if the examiner submits a supplemental answer to                                          
              the Board in response to this remand, “appellant must within two months from the date                                            
              of the supplemental examiner’s answer exercise one of” the two options set forth in 37                                           
              CFR § 1.41.50(a)(2) (2005), “in order to avoid sua sponte dismissal of the appeal as to                                          
              the claims subject to the rejection for which the Board has remanded the proceeding,”                                            
              as provided in this rule.                                                                                                        
                                                     REMANDED                                                                                  


                                   MARC L. CAROFF )                                                                                            
                                   Administrative Patent Judge )                                                                               
                                                                             )                                                                 
                                                                             )                                                                 
                                                                             )                                                                 
                                                                             ) BOARD OF PATENT                                                 
                                   EDWARD C. KIMLIN )         APPEALS                                                                          
                                   Administrative Patent Judge )              AND                                                              
                                                                             )   INTERFERENCES                                                 
                                                                             )                                                                 
                                                                             )                                                                 
                                                                             )                                                                 
                                   CHARLES F. WARREN )                                                                                         
                                   Administrative Patent Judge )                                                                               
              MLC/lp                                                                                                                           


















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