Ex Parte Coushaine et al

Board of Patent Appeals and Interferences

Apr 16, 2010

11977939 (B.P.A.I. Apr. 16, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte CHARLES M. COUSHAINE and LAURA PEACH
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Appeal 2010-005604
Application 11/977,939
Technology Center 2800
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Mailed: April 16, 2010
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Before DALE M. SHAW, Division 2 Support Administrator

ORDER REMANDING APPEAL TO EXAMINER
This application was electronically received at the Board of Patent
Appeals and Interferences on March 15, 2010. A Docketing Notice was
mailed and Appeal Number 2010-005604 was assigned on April 7, 2010. A
review of the application has revealed that the application was not ready for
an appeal. Accordingly, the application is herewith being remanded to the
Examiner. The matter requiring attention is identified below.
Appeal 2010-005604
Application 11/977,939

2
AMENDMENT AFTER FINAL FILED
A review of the file finds that an After Final Amendment was filed on
July 1, 2009. However, there is no indication in the record that the After
Final Amendment was considered by the Examiner. The Examiner needs to
determine if the After Final Amendment will or will not be entered, and
notify the appellant of said entry or non-entry.
Accordingly, it is ORDERED that the application is returned to the
Examiner:
1) to consider the Amendment After Final filed July 1, 2009;
2) to notify appellant of the entry or non-entry of the Amendment
After Final filed July 1, 2009; and
3) for such further action as may be required.

If there are any questions pertaining to this order, please contact the
Board of Patent Appeals and Interferences at 571-272-9797.

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