Patent Appeal No. 5128. April 1, 1946. Appeal from Board of Appeals of the United States Patent Office, Serial No. 401,968. Proceeding in the matter of the application of Merton E. Burhans for a patent for methods of making flour and bread and for an article of manufacture of genuine whole wheat flour. From a decision of the Board of Appeals of the United States Patent Office affirming the action of the primary examiner in rejecting the application, the applicant appeals. Decision affirmed. John
(a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)