Ex Parte Radl et alDownload PDFBoard of Patent Appeals and InterferencesFeb 3, 201212185903 (B.P.A.I. Feb. 3, 2012) Copy Citation 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 Copy with citationCopy as parenthetical citation