Appeal No. 2006-1160
Application No. 10/155,453
that evidence was entered in the record by the examiner. Reference to unentered
1
evidence is not permitted in the brief." 37 C.F.R. § 41.37(c)(1)(ix)(Sep. 20, 2004).
Here, although the appellant's brief references definitions from a "Merriam-
Webster Online dictionary" and an "American Heritage Dictionary of the English
Language," (Appeal Br. at 16), the Evidence Appendix section of the brief omits copies
of the definitions. The latter section merely mentions the definitions.
We decline to substitute speculation about the precise definitions for the greater
certainty that should come from the appellant furnishing copies of the definitions on
which he relies. Under 37 C.F.R. § 41.50(d), the appellant is given a non-extendable
time period of thirty days within which to respond to this order. Failure to comply with
the order within that time may result in the sua sponte dismissal of their appeal. 37
C.F.R. § 41.50(d). No time for taking any action connected with this appeal may be
extended under 37 C.F.R. § 1.136(a)(1)(iv).
We cite to the version of the C.F.R. in effect at the time of the appellant's brief.1
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