Appeal No. 78-518. August 31, 1978. Donald Brown, Robert F. O'Connell, Boston, Mass., Dike, Bronstein, Roberts, Cushman Pfund, Boston, Mass., Attys. of record, for appellants; Martin P. Hoffman, Donald M. Sandler, Arlington, Va., Hoffman Sandler, Arlington, Va., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Fred W. Sherling, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, RICH, BALDWIN, LANE
(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)