No. 89-1137. February 27, 1989. J. Georg Seka, Townsend Townsend, San Francisco, Cal., for appellant. John Martin, Office of the Sol., Arlington, Va., for appellee. Appeal from the Board of Patent Appeals and Interferences of Patent and Trademark Office. Before MARKEY, Chief Judge, RICH, and NEWMAN, Circuit Judges. PAULINE NEWMAN, Circuit Judge. ORDER Fael, S.A. moves for reconsideration of the court's January 13, 1989 unpublished order denying Fael's motion for leave to intervene or to file a brief
(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)