Ex Parte Hottovy et al - Page 2

                 Appeal 2007- 2080                                                                                      
                 Application 10/660,990                                                                                 
                 required review of the documents for compliance with the applicable rules                              
                 and, if compliant, for consideration of the references.                                                
                        We also point out that Appellants’ Brief of August 31, 2006 does not                            
                 comply with 37 C.F.R.  41.37(c)(1)(ix).  37 C.F.R.  41.37(c)(1)(ix)                                  
                 requires that an appellant’s brief include an evidence appendix “containing                            
                 any copies of any evidence submitted pursuant to 1.30, 1.131, or 1.132 of                            
                 this title or any other evidence entered by the examiner and relied upon by                            
                 appellant in the appeal along with a statement setting forth where in the                              
                 record that evidence was entered in the record by the examiner.”  Appellants                           
                 rely upon a  1.131 Declaration in their attempt to overcome the rejection of                          
                 claims 1-4, 6, 7, 9-15, and 21-27 under 35 U.S.C.  102(b) as anticipated by                           
                 Kendrick et al. (US 6,833,415) (Br. 21-22).  But Appellants neither include a                          
                 copy of the Declaration in the Evidence Appendix, nor state in the Appendix                            
                 where in the record this Declaration was entered.                                                      
                        So that the Examiner may resolve the above issues, we order this                                
                 Application remanded to the jurisdiction of the Examiner.                                              
                                                    REMANDED                                                            







                 cam                                                                                                    





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