Appeal No. 2006-0867
Application No. 10/257,943
We also note that Appellants’ Brief was submitted on September 29, 2004.
Thus, the Appeal Brief should have met the requirements of 37 CFR § 41.37 (effective
September 13, 2004; 69 Fed. Reg. 49960 (Aug. 12, 2004); 1286 Off. Gaz. Pat. Office
21 (Sept. 7, 2004)). We note that this Brief is defective for at least not including the
appropriate evidentiary appendices.
CONCLUSION
For the reasons outlined above, this application is remanded to the jurisdiction of
the Examiner. Pursuant to the provisions of 37 CFR § 41.50(a)(2)(2004), Appellants
are required to timely respond to any Supplemental Examiner’s Answer that may be
issued in response to this Remand. As stated in this rule, Appellants must exercise one
of the two following options to avoid sua sponte dismissal of the appeal as to the claims
involved in the Remand:
(I) Request that prosecution be reopened before the Examiner by filing a Reply
Brief under Rule 111 with or without amendment or evidence or
(II) Request that the appeal be maintained by filing a Reply Brief as provided for in
37 CFR § 41.41.
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