Appeal 2006-2102
Application 10/784,707
states "the examiner [sic, is] respectfully requested to view the attached
Affidavit submitted under 37 C.F.R. [§] 1.132." However, a review of the
Brief reveals that an Affidavit was not attached. Further, the Image File
Wrapper (IFW) does not include an entry for an Affidavit filed on the same
date as the Brief. Moreover, the Examiner has not addressed Appellant’s
reference to an Affidavit in the Answer.
A review of the IFW reveals that an Affidavit under 37 C.F.R. § 1.132
was filed on June 17, 2005. The present record is not clear as to whether the
Appellant is referring to this Affidavit in the discussion appearing in the
Brief or whether a new Affidavit has been provided with the filing of the
Brief.
We also note that Appellant's Brief submitted September 20, 2005 is
not in compliance with 37 C.F.R. § 41.37. Appellant's Brief does not
include the Evidence Appendix and Related Proceedings Appendix, which
are required by the cited rule.
In summary, the present application is remanded to the Examiner to
respond to any properly submitted Affidavit or other evidence submitted by
the Appellant. The Examiner should also ensure that the Appellant's Brief
meets the requirements of 37 C.F.R. § 41.37.
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