Appeal 2007-1471
Application 10/402,110
We note that a Supplemental Examiner's Answer responding to a
Reply Brief may not include a new ground of rejection. (See 37 C.F.R.
§ 41.43(a)(2)). Furthermore, if a Supplemental Examiner's Answer is
furnished by the Examiner, Appellants may file another Reply Brief under
§ 41.41 to any Supplemental Examiner's Answer within two months from
the date of the Supplemental Examiner's Answer. (See 37 C.F.R.
§ 41.43(b)).
Accordingly, we REMAND this application to give the Examiner an
opportunity to respond to the new argument raised in Appellants’ Reply
Brief so as to clarify the record for further consideration of this appeal.
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Last modified: September 9, 2013