Appeal No. 2006-0802
Application 10/151,141
of claim 10 under 35 U.S.C. § 103(a), the correct grounds of rejection of claim 22 under
35 U.S.C. § 103(a) and the ground of rejection of dependent claims under 35 U.S.C. § 112,
second paragraph, have not been briefed. See 37 CFR § 1.192(c)(8) (2004); MPEP §1206
(8th ed., Rev. 2, May 2004); see also 37 CFR § 41.37(c)(1)(vii) (September 2004); MPEP
§1205.02 (8th ed., Rev. 3, August 2005).
Accordingly, the examiner is required to take appropriate action consistent with current
examining practice and procedure to notify the Appellant that the brief filed August 23, 2004, is
not compliant as we have discussed above as provided in 37 CFR § 1.192(d) (2004); see also
37 CFR § 41.37(d) (September 2004), in order that Appellant’s intentions with respect to the
grounds of rejection, the dependent claims and the arguments to be considered are clear as
provided in the rules, 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. 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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