Appeal 2007-3294
Application 10/354,220
has not considered the issues. Accordingly, the issues in this appeal have
been incompletely prosecuted and briefed, and thus, the record is incomplete
for purposes of appeal.
Accordingly, the Examiner is required to take appropriate action
consistent with current examining practice and procedure to consider the
issues with respect to incorporation-by-reference of “essential material”
from the Ahluwalia reference in the parent Application and the Provisional
Application, and the applicability of the ground of rejection under 35 U.S.C.
§ 102(b) over the Ahluwalia reference as set forth above, with a view toward
placing this application in condition for decision on appeal with respect to
the issues presented.
This Remand is made for the purpose of directing the Examiner to
further consider the grounds of rejection. Accordingly, if the Examiner
submits a Supplemental Answer to the Board in response to this Remand,
“appellant must within two months from the date of the supplemental
examiner’s answer exercise one of” the two options set forth in 37 C.F.R.
§ 41.50(a)(2) (2007), “in order to avoid sua sponte dismissal of the appeal as
to the claims subject to the rejection for which the Board has remanded the
proceeding,” as provided in this rule.
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Last modified: September 9, 2013