Appeal 2007-1274
Application 10/850,897
Therefore, pursuant to 37 C.F.R. § 41.50(a)(2004), we remand this
application to the Examiner to:
1) Determine and notify the entry status of the literature evidence
relied upon by the Appellants;
2) Notify the Appellants of the deficiencies or defectiveness of the
Brief discussed above and provide an opportunity to submit a corrected
Brief; and
3) Evaluate and address in the written record the sufficiency of the
literature evidence, if entered, and the full teachings of Rao to determine the
appropriateness of (i) maintaining the ground of rejection set forth in the
Answer and (ii) making a new ground of rejection (and, if not, why not).
REMANDED/§ 41.50(a)
cam
Schneck & Schneck
P. O. Box 2-E
San Jose, CA 95109-0005
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