Appeal 2006-1826
Application 10/029,583
Appendix attached to the Brief indicates no evidence is being relied upon by
Appellants therein. Thus, if the evidence furnished with the Reply Brief is
new to the record of this application, the Examiner must:
1) Notify the Appellants that the Reply Brief is not in compliance with
37 CFR § 41.41(a)(2005) so that Appellants have an opportunity to comply
with the Rule; and provide, upon compliance with the Rule, a Supplemental
Answer furnishing a complete response addressing any new arguments
directed to the appealed claims submitted in a compliant Reply Brief; or, in
the alternative;
2) Reopen prosecution if the Examiner desires to enter and consider
new evidence furnished with a paper styled as a “Reply Brief.”
This application, by virtue of its “special” status, requires an
immediate action on the part of the Examiner. See MPEP § 708.01 (8th ed.,
Rev. 5, August 2006).
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.
REMAND
clj
HEWLETT-PACKARD COMPANY
Intellectual Property Administration
P.O. Box 272400
Fort Collins, CO 80527-2400
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