Appeal 2006-1826
Application 10/029,583
response to this Remand in light of the evidence cited at pages 3, 4, and 6 of
the Reply Brief, as indicated below.
37 CFR § 41.41(2005) states in relevant part:
(a)(1) Appellant may file a reply brief to an
examiner’s answer within two months from the
date of the examiner’s answer.
(2) A reply brief shall not include any new or non-
admitted amendment, or any new or non-admitted
affidavit or other evidence…
(b) A reply brief that is not in compliance with
paragraph (a) of this section will not be
considered. Appellant will be notified if a reply
brief is not in compliance with paragraph (a) of
this section.
Yet, in the communication dated March 01, 2006, the Examiner merely
stated:
The reply brief filed December 22, 2005 has been
entered and considered. The application has been
forwarded to the Board of Patent Appeals and
Interferences for decision on the appeal.
The Examiner did not notify the Appellants that their Reply Brief was not in
compliance with 37 C.F.R. § 41.41(a)(2005) for citing new evidence at
pages 3, 4, and 6 thereof, if such is the case. Alternatively, if such evidence
is not new to the record, the Examiner did not require Appellants to identify
the referred to evidence as having been previously entered. Nor did the
Examiner otherwise indicate the status of the cited evidence mentioned in
the Reply Brief and respond to the Appellants’ arguments utilizing the
evidence furnished in the Reply Brief.
Thus, we remand this application to the Examiner to clarify the record
as to the status of the evidence furnished with the Reply Brief and
appropriately respond thereto. In this regard, we note that the Evidence
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Last modified: September 9, 2013