Appeal No. 2006-1167
Application No. 09/948,601
Accordingly, we remand this application to the examiner for
further consideration and corrective action with respect to this
latter matter. 37 CFR § 41.50(a)(1) (effective September 13,
2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat.
Office 21 (September 7, 2004)).
Upon return of this application to the examiner and after
final resolution of the request for reconsideration of the
decision on petition by the appropriate office personnel, the
examiner should take action to correct the erroneous statement at
numbered item 7 of page 3 of the answer. If the grounds of
rejection set forth in the answer are maintained, the examiner
should respond fully to appellants’ separate arguments in favor
of patentability for each of the rejected claims and for each
ground of rejection maintained by the examiner to the extent that
the examiner has not already furnished a response to each of
those arguments in the answer.
The examiner may employ a supplemental answer to effect that
corrective action if the examiner maintains the rejections in the
answer and prosecution is not otherwise reopened. In any
supplemental examiner’s answer prepared in response to this
remand, the examiner should clearly identify the prior art being
relied upon, and any full translations being employed for non-
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