Ex Parte Baker et al

Board of Patent Appeals and Interferences

Sep 8, 2010

09825431 (B.P.A.I. Sep. 8, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
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.
09/825,431 04/03/2001 Stuart D. Baker 209.1001 2071
7590 09/09/2010
DAVIDSON, DAVIDSON & KAPPEL, LLC
485 Seventh Avenue, 14th Floor
New York, NY 10018
EXAMINER
DESAI, RACHNA SINGH
ART UNIT PAPER NUMBER
2176
MAIL DATE DELIVERY MODE
09/09/2010 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 BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte STUART D. BAKER
and PHILIP C. STRASSBURGER
____________

Appeal 2010-011630
Application 09/825,431
Technology Center 2100
____________

Before DALE M. SHAW, Division 2 Support Administrator..

ORDER REMANDING APPEAL TO EXAMINER

This application was electronically received by the Board of Patent
Appeals and Interferences on September 7, 2010. A Docketing Notice was
mailed on September 8, 2010. Upon review of the application, it has been
determined that a remand to the Examiner is necessary to consider the
following issues and to take necessary corrective action.

Appeal 2010-011630
Application 09/825,431

2
REPLY BRIEF NOT CONSIDERED

A Reply Brief was filed in this application on August 31, 2010. There
is no evidence on the record indicating that the Examiner has considered the
Reply Brief in accordance with 37 C.F.R. § 41.43(a)(1) and MPEP § 1208,
part II.
Accordingly, it is ordered that the application is remanded to the
Examiner:
1) to consider the Reply Brief filed August 31, 2010 as indicated above;
2) 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.

KIS

DAVIDSON, DAVIDSON & KAPPEL, LLC
485 Seventh Avenue, 14th Floor
New York NY 10018