No. 96-1391 Decided April 24, 1997 Appealed from: Board of Patent Appeals and Interferences. (Serial No. 07/853,356) Ronald O. Neerings, Texas Instruments Incorporated, of Dallas, TX, argued for appellant. With him on the brief was Jay M. Cantor, Washington, DC. Joseph G. Piccolo, Associate Solicitor, Office of the Solicitor, Patent and Trademark Office, U.S. Department of Commerce, Arlington, VA, argued for appellee. With him on the brief were Nancy J. Linck, Solicitor, Albin F. Drost, Deputy Solicitor
(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)