Ex parte LUI et al.

Board of Patent Appeals and Interferences

Feb 4, 1999

08257237 (B.P.A.I. Feb. 4, 1999)

Application for patent filed June 9, 1994. According to applicants, the application is1
a continuation of Application 08/041,732, filed April 1, 1993.
37 CFR 1.192(c) was amended effective April 21, 1995. 60 Fed. Reg. 14518 (March2
17, 1995), 1173 Off. Gaz. Pat. & Trademark Office 62 (April 11, 1995).
1
Paper No. 27
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte NORBERT LUI, ALBRECHT MARHOLD
and DIETMAR BIELEFELDT
_______________
Appeal No. 96-0707
Application No. 08 /256,2371
_______________
ORDER FOR COMPLIANCE WITH 37 CFR §1.192(c)(1)
AND 37 CFR § 1.192(c)(2)
_______________
The Appeal Brief filed May 19, 1995 (Paper No. 23 ) does not comply with all
the requirements of 37 CFR § 1.192(c) for the reason checked below.
A.: The Appeal Brief lacks, under an appropriate heading, a statement
identifying the real party in interest, or a statement that the party
identified in the caption of the brief is the real party in interest,
pursuant to 37 CFR § 1.192(c)(1).2
Appeal No. 96-0707
Application No. 08/257,237
Ibid.3
2
B.: The Appeal Brief lacks, under an appropriate heading, a statement
identifying by number and filing date all other appeals or interferences
known to appellant, the appellant's legal representative, or assignee
which will directly affect or be directly affected by or have a bearing on the
Board's decision in the pending appeal, or indicating that there are no
such appeals or interferences, pursuant to 37 CFR § 1.192(c)(2).3
Appellants are given a time period of ONE MONTH from the date of this
order or any time remaining in the period under 37 CFR § 1.192(a) for filing a
supplement to the Appeal Brief in triplicate. Under these circumstances, an entire
new brief is not required. If a supplement to the brief that fully complies with the
requirements under 37 CFR § 1.192(c) checked above is not timely submitted, the
appeal will be dismissed. No extension of this one month time period may be
obtained under 37 CFR § 1.136(a), but the original two-month period under 37 CFR
§ 1.192(a) for filing the brief may be extended under 37 CFR § 1.136(a) up to
six months from the date of the Notice of Appeal.
Appeal No. 96-0707
Application No. 08/257,237
3
To expedite matching of the supplemental brief with the application file, the
supplemental brief should be transmitted by facsimile to the Board of Patent Appeals and
Interferences at 703-308-7952, whenever possible.
By order of
BOARD OF PATENT APPEALS
AND INTERFERENCES
__________________________________
CRAIG R. FEINBERG
Program and Resource Administrator
(703) 308-9797
CRF:svt
Appeal No. 96-0707
Application No. 08/257,237
4
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