Ex Parte Radl et al

Board of Patent Appeals and Interferences

Feb 3, 2012

12185903 (B.P.A.I. Feb. 3, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte CHRISTOPHER L. RADL, JOHN R. BOEHRINGER,
JOHN KARPOWICZ, and JACOB L. TIMM
____________

Appeal 2012-001438
Application 12/185,903
Technology Center 3700
____________

Before KIMBERLY R. JORDAN, Division 1 Support Administrator.

ORDER DISMISSING APPEAL

This application was electronically received by the Board of Patent
Appeals and Interferences on October 24, 2011. A Docketing Notice was
mailed on November 4, 2011. Upon review of the application, it has been
determined that the appeal stands dismissed.
An Examiner’s Answer was mailed in this application on July 14,
2011. The Examiner’s Answer contained a new ground of rejection and
directed applicant to exercise one of two options in order to avoid dismissal
of the appeal. Examiner’s Answer p. 11. Under 37 CFR 41.39(b), in
Appeal 2012-001438
Application 12/185,903

2
response to a new ground of rejection, applicant can either 1) request that
prosecution be reopened or 2) request to maintain the appeal. There is no
evidence on the record indicating that the applicant filed a response to the
new ground of rejection.
Accordingly, it is ordered that the appeal in this application is dismissed.
The application is being returned to the Examiner for further action as may be
appropriate.
If there are any questions pertaining to this Order, please contact the
Board of Patent Appeals and Interferences at 571-272-9797.

krj