Appeal No. 2006-1510 Παγε 4
Application No. 10/414,066
Moreover, should the examiner issue a supplemental answer,
the examiner should fully respond to the arguments presented in
the reply brief.
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) (effective Sept. 13,
2004; 69 Fed. Reg. 49960 (Aug. 12, 2004); 1286 Off. Gaz. Pat. Office 21 (Sept. 7,
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 two 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 under Rule 111 with or without amendment or
evidence or (ii) request that the appeal be maintained by filing a reply brief as provided
in 37 CFR § 41.41.
This application, by virtue of its “special” status, requires an immediate action;
see MPEP § 708.01 (D)(8th ed., Rev. 3, Aug. 2005).
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