Ex Parte Bohm et al

Board of Patent Appeals and Interferences

Jun 18, 2009

10477659 (B.P.A.I. Jun. 18, 2009)

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UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte NICOLAI BOHM and JOBST-WALDEMAR KLEMP
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Appeal 2009-001363
Application 10/477,659
Technology Center 1700
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Decided: June 18, 2009
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Before DALE M. SHAW, Chief Appeals Administrator.

ORDER DISMISSING APPEAL
On August 18, 2006, Appellants filed a Notice of Appeal. On
February 29, 2008, the Board of Patent Appeals (Board) remanded the
application to the Examiner. On May 12, 2008 the Examiner mailed a
Supplemental Examiner’s Answer in response to the Panel Remand. In the
Supplemental Examiner’s Answer on page 8 states:

Appeal 2009-001363
Application 10/477,659

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The appellant must within TWO MONTHS from the date of the
supplemental examiner's answer exercise one of the following two
options to avoid sua sponte dismissal of the appeal as to the claims
subject to the rejection for which the Board has remanded the
proceeding:
(1) Reopen prosecution. Request that prosecution be reopened before
the examiner by filing a reply under 37 C.F.R. § 1.111 with or without
amendment, affidavit, or other evidence. Any amendment, affidavit,
or other evidence must be relevant to the issues set forth in the remand
or raised in the supplemental examiner's answer. Any request that
prosecution be reopened will be treated as a request to withdraw the
appeal. See 37 C.F.R. § 41.50(a)(2)(i).
(2) Maintain appeal. Request that the appeal be maintained by filing a
reply brief as set forth in 37 C.F.R. § 41.41. If such a reply brief is
accompanied by any amendment, affidavit or other evidence, it shall
be treated as a request that prosecution be reopened under 37 C.F.R. §
41.50(a)(2)(i). See 37 C.F.R. § 41.50(a)(2)(ii).

Since Appellants failed to respond to the Supplemental Examiner’s
Answer, mailed May 12, 2008, within the two month time period, the appeal
is hereby dismissed.
Accordingly, it is ORDERED that the appeal which was filed on
August 18, 2006 be dismissed.
If there are any questions pertaining to this dismissal, please contact
the Board of Patent Appeals and Interferences at 571-272-9797.

Chief Appeals Administrator Initial:dms

Appeal 2009-001363
Application 10/477,659

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PL initial:
sld

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