Ex Parte Guy et al

Board of Patent Appeals and Interferences

Apr 26, 2010

09965405 (B.P.A.I. Apr. 26, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte ANDREW C. GILBERT,
MARIANN GILBERT,
ANDREW STERGIOPOULOS, and
ANGELA STERGIOPOULOS
____________

Appeal 2009-007254
Application 09/965,405
Technology Center 3600
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Mailed: April 26, 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 April 9, 2009. A Docketing Notice was mailed and
Appeal No. 2009-007254 was assigned on April 13, 2009. A review of the
application has revealed that the Board of Patent Appeals and Interferences
(BPAI) reviewed the Appeal and handed down its decision which added a
new ground of rejection pursuant to 35 U.S.C. § 41.50(b). Accordingly, the
Appeal 2009-007254
Application 09/965,405

2
application is herewith being remanded to the Examiner. The matter
requiring attention is identified below.
The BPAI issued its Decision on Appeal No. 2009-007254 on March
2, 2010. The BPAI’s decision did not render a decision on the prior art
rejections but did add a new ground of rejection under 35 U.S.C. § 101 on
all the pending claims, pursuant to 35 U.S.C. § 41.50(b). On April 9, 2010,
Appellants timely filed a Reply with Amendment dated April 9, 2010, in
accordance with 37 CFR 1.111. The document filed by Appellants was
entitled “Amendment and Response to Decision on Appeal”. This paper is
being treated as a request to remand the appeal and re-open prosecution.
Accordingly, it is ORDERED that the application is remanded to the
Examiner to re-open prosecution in accordance with the Appellants’ Reply
with Amendment, timely filed on April 9, 2010.
If there are any questions pertaining to this order, please contact the
Board of Patent Appeals and Interferences at 571-272-9797.

mev

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