Ex Parte Szalczyk

Patent Trial and Appeal Board

Nov 13, 2012

11543733 (P.T.A.B. Nov. 13, 2012)

UNITED STATES PATENT AND TRADEMARKOFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
11/543,733 10/05/2006 Bryarly A. Szalczyk 027928.078067 5864
7590 11/13/2012
OBER/KALER
c/o Royal W. Craig
Suite 800
120 East Baltimore Street
Baltimore, MD 21202
EXAMINER
ALEXANDER, LYLE
ART UNIT PAPER NUMBER
1773
MAIL DATE DELIVERY MODE
11/13/2012 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte BRYARLY A. SZALCZYK
____________

Appeal 2011-010913
Application 11/543,733
Technology Center 1700
____________

Before KIMBERLY R. JORDAN, Division 1 Support Administrator.

ORDER DISMISSING APPEAL
On October 18, 2010, Appellant filed a Notice of Appeal and on
February 2, 2011, Appellant filed a replacement Appeal Brief. On March
28, 2011, the Examiner mailed an Examiner’s Answer. On July 13, 2011, a
Docketing Notice was mailed by the Board. Upon review of the application,
it has been determined that the appeal stands dismissed.
The Examiner’s Answer contained new grounds of rejection for all
claims on appeal and directed Appellant to exercise one of two options in
order to avoid dismissal of the appeal. Examiner’s Answer pgs. 11-12.
Under 37 CFR § 41.39(b), in response to a new ground of rejection,
appellant can either 1) request that prosecution be reopened or 2) request to
Appeal 2011-010913
Application 11/543,733

2
maintain the appeal. There is no evidence on the record to indicate that the
Appellant 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
Patent Trial and Appeal Board at 571-272-9797.

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