Ex Parte Boulais et al

Board of Patent Appeals and Interferences

Sep 21, 2010

10219668 (B.P.A.I. Sep. 21, 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.
10/219,668 08/16/2002 Dennis R. Boulais 12013/46401 4884
23838 7590 09/21/2010
KENYON & KENYON LLP
1500 K STREET N.W.
SUITE 700
WASHINGTON, DC 20005
EXAMINER
YOUNG, MICAH PAUL
ART UNIT PAPER NUMBER
1618
MAIL DATE DELIVERY MODE
09/21/2010 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 DENNIS R. BOULAIS, MARIA PALASIS,
SAMUEL EPSTEIN and WENDY NAIMARK
____________

Appeal 2010-012124
Application 10/219,668
Technology Center 1600
____________

Before STEVEN J. BARTLETT, Support Division 2 Manager.

ORDER REMANDING APPEAL TO EXAMINER

This application was electronically received by the Board of Patent
Appeals and Interferences on September 20, 2010. A Docketing Notice was
mailed on September 21, 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 2010-012124
Application 10/219,668

2
UNDECIDED PETITION\REPLY BRIEF NOT CONSIDERED

A Petition Requesting Designation as New Ground of Rejection in
Examiner’s Answer was filed on July 21, 2010. However, there is no
indication in the record that the Petition was decided.

In addition a Reply Brief was filed in the application on July 21, 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 have the Petition filed July 21, 2010 decided;
2) to consider the Reply Brief filed July 21, 2010 as indicated above;
3) 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

KENYON & KENYON LLP
1500 K STREET N.W.
SUITE 700
WASHINGTON DC 20005