Appeal Number: 2006-2081
Application Number: 10/652,111
Appellants filed a Notice of Appeal on January 28, 2005. In accordance
with 37 CFR § 41.37(a)(1), the appellants had until March 28, 2005 to file the
appeal brief. The time to file the appeal brief could have been extended pursuant
to 37 CFR §1.136(a) and MPEP §1213.04 an additional five months, or until
August 28, 2005.
Appellants filed an appeal brief on April 11, 2005. The examiner issued a
Notice of Defective Brief on June 17, 2005 requiring a new brief. The appellants
filed a new appendix rather than a new brief on June 27, 2005. The examiner filed
a Notice of Dismissal on August 23, 2005 stating that appellants failed to file
a complete new brief as required. Appellants filed a new appeal brief on
September 8, 2005.
As the appellants failed to file the complete new brief by August 28, 2005, it
appears to this panel of the board that this application is abandoned.
In addition, we note that a new Information Disclosure Statement was filed on
September 25, 2005.
Therefore, this case is remanded to the examiner to explain why this board
should entertain this appeal and to consider the Information Disclosure Statement.
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Last modified: September 9, 2013