Appeal 2007-1519
Application 10/177,837
the date when the Examiner retrieved the definitions from the Internet are
missing from her citations. Because of these omissions, "[t]he appeal is
manifestly not ready for a decision on the merits." Ex parte Braeken,
54 USPQ2d 1110, 1112 (BPAI 1999).
IV. ORDER
For the aforementioned reasons, we remand the application to the
Examiner to furnish a copy of the aforementioned definitions, to cite the
definitions in the Evidence Relied Upon section of her Answer, to add the
date of publication and the date of retrieval to her citations thereof, and for
any further action not inconsistent with the views expressed herein.
Any subsequent Answer must be self-contained with respect to all
rejections and arguments; no prior Answer or Office action may be
referenced or incorporated therein. Similarly, although furnishing the
definition does not necessitate a new Brief, any subsequent Brief submitted
by the Appellant must be self-contained with respect to all arguments. No
prior Brief may be referenced or incorporated therein.
Because it is being remanded for further action, the application is a
"special" application. MPEP § 708.01(D). Accordingly, it requires
immediate action. Furthermore, the Board should be informed promptly of
any action affecting status of the appeal (e.g., abandonment, issue, reopening
prosecution).
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Last modified: September 9, 2013