Appeal No. 2006-0722 3
Application No. 09/971,469
assigned Board panel remanded the application to the examiner to
provide a clear indication as to whether the reply brief was
actually entered and considered. It was also expressly indicated
that the examiner should provide a response on the record to the
arguments advanced by appellants in the reply brief. See the
remand mailed September 13, 2005.
On September 23, 2005 the examiner mailed a paper indicating
that the reply brief had been “entered and considered,” but
declined to provide a meaningful response on the record to the
arguments set forth in the reply brief, contending that such
arguments were not new issues and had been dealt with on pages 6
and 7 of the answer.
We again REMAND this application to the examiner. Assuming
our earlier remand did not make the point clearly enough, what we
want and expect from the examiner is a specific response on the
record to the various arguments raised in the reply brief filed
August 30, 2004. More particularly, we expect the examiner to
point out where in Anderson there is any teaching or suggestion
of the method steps set forth in claim 1 on appeal and, even more
specifically, where there is a teaching or suggestion for the
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