Patent Appeal No. 7470. December 2, 1965. Emanuel Herbert Liss, Buffalo, N.Y., for appellant. Clarence W. Moore, Washington, D.C. (S. Wm. Cochran, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges. MARTIN, Judge. This is an appeal from a decision of the Board of Appeals affirming the rejection of claims 8-10 of appellant's application as obvious variations of certain prior art. These are all the claims remaining
(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)