Appeal No. 2006-0474 3
Application No. 09/386,000
claims 1, 3, 5, 6, 13, 17, 18, 26 and 31 under 35 U.S.C. § 102(b), is not prior art to the
present application which was filed on August 30, 1999. On its face, it would seem that
appellant makes a good point.
Thus, we REMAND the application to the examiner for a full and complete response on
the record to the many arguments and issues raised by appellant in the reply brief. A
supplemental examiner's answer responsive to the above-noted reply brief would appear
to be necessary. It follows that appellant should have an opportunity to respond to any
such supplemental answer by way of a further reply brief or via other action as provided in
37 CFR § 41.50(a)(2).
This application, by virtue of its "special" status, requires immediate action, see MPEP
§ 708.01 (item D), Eighth Edition, Rev. 3, August 2005.
REMANDED
CHARLES E. FRANKFORT )
Administrative Patent Judge )
)
)
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