Ex Parte Grosse et alDownload PDFBoard of Patent Appeals and InterferencesJun 10, 200910148842 (B.P.A.I. Jun. 10, 2009) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte: STEFAN GROSSE and JOHANNES VOIGT Appeal No. 2009-009952 Application No. 10/148,842 Technology Center 1700 ____________ Mailed: June 11, 2009 ____________ Before STEVEN J. BARTLETT, Appeals Program Manager BARTLETT, Appeals Program Manager ORDER REMANDING TO EXAMINER This application was electronically received by the Board of Patent Appeals and Interferences on May 13, 2009. A review of the application revealed that it is not ready for docketing as an appeal. Accordingly, the application is herewith being returned to the Examiner to address the following matter(s) requiring attention prior to docketing. Appeal No. 2009-009952 Application No. 10/148,842 EXAMINER’S CONSIDERATION OF REPLY BRIEF A Reply Brief was timely filed in this application on May 21, 2009. There is no evidence on the record indicating that the Examiner has considered the Reply Brief in accordance with 37 CFR § 41.43(a)(1) and MPEP § 1208, part II. CONCLUSION Accordingly, it is ORDERED that the application be returned to the Examiner: 1) consider the Reply Brief filed May 21, 2009, as indicated above; and 2) for such 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. ssl KENYON & KENYON LLP ONE BROADWAY NEW YORK, NY 10004 2 Copy with citationCopy as parenthetical citation