Appeal 2007-0381
Application 09/934,878
This Remand is not for further consideration of a rejection unless the
decision respecting the non-entry of the Exhibit allegedly accompanying an
earlier filed amendment is changed; that is, the Exhibit is entered. If such a
changed position as to the entry of the Exhibit is the ultimate outcome of this
Remand; then, 37 C.F.R. § 41.50(a)(2) would apply. This is so because, in
the latter case, the Examiner may submit another Supplemental Examiner’s
Answer maintaining the rejections and addressing the so entered Exhibit,
Hence, a Reply Brief from Appellants would be required under such
circumstances. 37 C.F.R. § 41.50(a)(2) (2006).
REMANDED
sld
LYONDELL CHEMICAL COMPANY
3801 WEST CHESTER PIKE
NEWTOWN SQUARE, PA 19073
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Last modified: September 9, 2013