Appeal No. 2006-1495
Application No. 09/875,369
BACKGROUND
On May 18, 2005, the Board of Patent Appeals and
Interferences (hereinafter the "Board") mailed an Order Returning
Undocketed Appeal wherein the Board ordered the examiner to
provide a translation of the prior art reference of Sasahara
(JP 11-032608), which was relied upon by examiner in the
rejection of claims on appeal. Consequently, this application
was assigned to a merits panel for a decision on appeal.
On September 29, 2005, the Board mailed a Remand to the
Examiner (hereinafter "Remand") (Appeal No. 2005-2693).
According to the requirements set forth in the Remand, the Board
required the examiner to submit a Supplemental Examiner's Answer
to address matters in the grounds of rejection and appellants'
arguments in the brief. Moreover, the Board also stated that in
response to the Remand, "'appellant [sic, appellants] must within
two months from the date of the supplemental examiner's answer
exercise one of' the two options set forth in 37 CFR
-2-
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