Ex Parte Nagarajan et al - Page 5



         Appeal No. 2006-2051                                                       
         Application No. 10/396,955                                                 
              They thus pertain to Appellants’ own disclosure of their              
         invention.                                                                 

              If the Examiner wishes to maintain the instant rejection,             
         the Examiner must accordingly provide a supplemental Examiner’s            
         Answer in which the Examiner correctly applies the proper                  
         requirements, as prescribed under current patent law.                      

                                     CONCLUSION                                     
              This remand to the Examiner pursuant to 37 CFR § 41.50(a)(1)          
         is made for further consideration of a rejection.  Accordingly,            
         37 CFR § 41.50(a)(2) applies if a supplemental Examiner’s Answer           
         is written in response to this remand by the Board.                        
              This application, by virtue of its “special” status,                  
         requires an immediate action.  See MPEP § 708.01 (8th ed., Rev.            
         3, August 2005).  It is important that the Board be informed               
         promptly of any action affecting the appeal in this case.                  







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