Ex Parte Daskal

Board of Patent Appeals and Interferences

Sep 23, 2010

09489655 (B.P.A.I. Sep. 23, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte BERNARD DASKAL
____________

Appeal No. 2010-006336
Application 09/489,655
Technology Center 3600
____________

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 January 6, 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 2010-006336
Application 09/489,655

2
STATUS OF AFTER FINAL AMENDMENTS
A review of the file finds an After Final Amendment was filed
on July 22, 2008 and the record is unclear if the amendment after final
has been approved for entry. Clarification of the status of the
amendment and the Declarations filed subsequent to Final rejection is
required.

Accordingly, it is ordered that the application is remanded to the
Examiner:

1) to consider the Amendment and Declarations filed July 22, 2008 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.

mev

CHARLES R MACEDO
AMSTER ROTHSTEIN & EBENSTEIN
90 PARK AVENUE
21ST FLOOR
NEW YORK NY 10016