10797284 - (D) (B.P.A.I. Sep. 28, 2010)

Ex Parte Kirchhoff et al

Board of Patent Appeals and InterferencesSep 28, 2010

10797284 - (D) (B.P.A.I. Sep. 28, 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. 10/797,284 03/10/2004 David Kirchhoff 03968-P0001C 2939 24126 7590 09/29/2010 ST. ONGE STEWARD JOHNSTON & REENS, LLC 986 BEDFORD STREET STAMFORD, CT 06905-5619 EXAMINER RIVIERE, HEIDI M ART UNIT PAPER NUMBER 3689 MAIL DATE DELIVERY MODE 09/29/2010 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 DAVID KIRCHHOFF, LISA CONNELLY, ANNA CROOK, SHEILA KELLY, KAREN MILLER-KOVACH, AMIE PERL, PALMA POSILLICO, THILO SEMMELBAUER, and AMY SHEPPARD ____________ Appeal 2010-012424 Application 10/797,284 Technology Center 3600 ____________ 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 27, 2010. A Docketing Notice was mailed on September 28, 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 2010-012424 Application 10/797,284 2 REQUEST TO REOPEN PROSECUTION Appellants filed a Request to Reopen Prosecution on August 23, 2010. There is no indication on the record that the Examiner has considered the above Request to Reopen Prosecution. Accordingly, it is ordered that the application is remanded to the Examiner: 1) to Reopen Prosecution; and 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. babc ST. ONGE STEWARD JOHNSTON & REENS, LLC 986 BEDFORD STREET STAMFORD, CT 06905-5619