Appeal No. 2006-0493
Application 10/206,123
We find no communication in the official electronic files establishing that the reply brief
has been considered by the Primary Examiner as required by 37 CFR §41.41(a)(1) (2005) and
MPEP § 1208 (8th ed., Rev. 3, August 2005).
Accordingly, the Examiner is required to consider said reply brief consistent with current
examining practice and procedure, 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
ground(s) of rejection. Accordingly, 37 CFR § 41.50(a)(2) (2005) does not apply.
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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