Application of John Edward James

BALDWIN, Judge.

James appeals from the action taken by the Patent Office Board of Appeals dismissing his appeal to that tribunal for failure to file a reply brief. For reasons stated herein, we have decided that this court lacks jurisdiction over the subject matter of the controversy and therefore dismiss this appeal.

The facts are as follows:

Certain claims 1 in appellant’s application2 were given a final rejection as “unpatentable over Montgomery, et al. in view of Berger, et al.”

Appellant appealed the Final Rejection and submitted a brief to the Board of Appeals wherein he listed all…