Appeal 2007-0109
Application 10/741,895
on September 20, 2006 indicating the entry and consideration of the Reply
Brief does not respond to this request, the status of claims 3 and 14 on
appeal appears to be unclear. In any response to this remand, the Examiner
is required to clarify the status of these claims.
More importantly, and of great significant to us, the communication
from the Examiner on September 20, 2006 has no additional comments.
Inasmuch as the Examiner has set forth new grounds of rejection based in
part upon newly applied prior art in the Answer, and the Reply Brief
responds accordingly to these new grounds of rejection, this late September
communication does not present for our review any responsive remarks by
the Examiner to those set forth in the Reply Brief as normally done in the
responsive arguments portion of an Answer. Based upon this situation, we
consider this appeal to be not ripe for our review. To the extent the present
rejections of the claims on appeal are maintained, the Examiner must
provide a Supplemental Answer responding to the positions set forth in the
Reply Brief for the identified claims argued.
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Last modified: September 9, 2013