Ex Parte Messerges et al

Board of Patent Appeals and Interferences

Mar 2, 2012

09942010 (B.P.A.I. Mar. 2, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte THOMAS S. MESSERGES, EZZAT A. DABBISH,
LARRY PUHL, and DEAN VOGLER
____________

Appeal 2009-014615
Application 09/942,010
Technology Center 2400
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Before DALE M. SHAW, Division 2 Support Administrator.

ORDER DISMISSING APPEAL
On February 26, 2006, Appellants filed a Notice of Appeal. On
November 21, 2007, this appeal was remanded to the Examiner to determine
whether Sweet is entitled to the claim, set forth on the patent, for benefit
under 35 U.S.C. § 119(e) of the August 15, 2000, filing date of Sweet
Provisional Application 60/225,796 and/or the October 4, 2000, filing date
of Sweet Provisional Application 60/239,019. On April 3, 2008, the
Examiner filed a Supplemental Examiner’s Answer in response to the
November 21, 2007, remand, which maintained the Sweet Provisional
Appeal 2009-014615
Application 09/942,010

2
Application 60/225,796 is entitled to the claim. There is no response from
Appellants in response to the Answer. Under the Board’s regulations at 37
C.F.R. § 41.50(a)(2), Appellants had two months to respond to the
Supplemental Examiner’s Answer by either 1) reopening prosecution, or 2)
maintaining the appeal by filing a Reply Brief to the Supplemental
Examiner’s Answer. Appellants have failed to exercise either of their
options under 37 C.F.R. § 41.50(a)(2), even after the Examiner mailed a
reminder on August 5, 2009. Accordingly, the appeal in this application is
dismissed.
The application is being returned to the Examiner 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.

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