Appeal 2006-1680
Application 10/319,185
We find no translation of the Japanese document in the image file
wrapper (IFW) record of the Patent & Trademark Office. Moreover,
Appellant indicates that he has no translation of this Japanese document (Br.
5). A translation is required in order to meaningfully assess the merits of the
Examiner's § 103 rejection.
Therefore, in response to this remand, the Examiner must perform the
following: (1) obtain an English language translation of the Japanese
document (i.e., JP 3-240650), (2) issue a Supplemental Examiner’s Answer
discussing how the translation supports his § 103 rejection of the claims
(i.e., if the Examiner, after reviewing the translation, decides to maintain his
rejection), and (3) provide Appellant with a copy of the translation attached
to the Supplemental Examiner’s Answer whereby Appellant will have an
opportunity to fully and meaningfully respond to the Examiner’s rejection.
CONCLUSION
In summary, we have remanded the application to the Examiner for
action consistent with our comments above.
This remand to the Examiner pursuant to 37 C.F.R. § 41.50(a)(1)
(effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286
Off. Gaz. Pat. Office 21 (September 7, 2004)) is made for further
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