Appeal No. 2006-1754
Application No. 10/046,940
reference to either definition or exemplary embodiment in the specification. Further,
although the Summary recognizes that some of the claims (e.g., 15 and 25) are in
means plus function format, the structure, material, or acts described in the specification
as corresponding to each claimed function are not set forth with reference to the
specification by page and line number, and to the drawing, if any, by reference
characters.
IF a supplemental examiner’s answer is written in response to this remand,
appellants MUST within two months from the date of the supplemental examiner’s
answer, to avoid sua sponte dismissal of the appeal as to all the claims, either request
that prosecution be reopened before the examiner or request that the appeal be
maintained by filing a reply brief as provided in § 41.41. See 37 CFR § 41.50(a)(2).
Due to the deficiency of the instant Brief, IF a reply brief is filed in response to a
supplemental examiner’s answer, appellants MUST provide a “Summary of claimed
subject matter” in the reply brief as a substitute for the Summary in the instant Brief.
We do not require, and appellants should not submit, a separate paper to the Board to
supplement the instant Brief. However, the claimed subject matter must be addressed
as required by 37 CFR § 41.37(c)(1)(v) in any future brief in support of the instant
claims.
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