Patent Appeal No. 7253. February 18, 1965. William T. Sevald, Royal Oak, Mich., for appellant. Clarence W. Moore, Washington, D.C. (Jere W. Sears, Washington, D.C., of counsel), for Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges. MARTIN, Judge. The question the court must answer in this appeal is whether appellants' novel air cleaner, as represented by claims 1, 2 and 3 of their application serial No. 816,556 entitled "Air Cleaner" filed on May 28
(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)