Ex Parte Shilling

Board of Patent Appeals and Interferences

Sep 16, 2010

10701001 (B.P.A.I. Sep. 16, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte CHARLES ROGER SHILLING
____________

Appeal 2009-010035
Application 10/701,001
Technology Center 2600
____________

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 April 21, 2009. A Docketing Notice was
mailed on May 19, 2009. 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 2009-010035
Application 10/701,001

2
REPLY BRIEF NOT CONSIDERED

A Reply Brief was filed in this application on May 23, 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.

Accordingly, it is ordered that the application is remanded to the
Examiner:
1) to consider the Reply Brief filed May 23, 2009, as indicated above;
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.

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