Ex Parte Simrell

Board of Patent Appeals and Interferences

Sep 29, 2010

11153377 (B.P.A.I. Sep. 29, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte ROY SIMRELL
____________

Appeal 2010-012407
Application 11/153,377
Technology Center 3600
____________

Before Kimberly R. Jordan, Division I Support Administrator.

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 30, 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 2010-012407
Application 11/153,377

2
UNDECIDED PETITION
A Second Renewed Petition Under 37 CFR 1.181 (Second Request for
Reconsideration) was filed on April 22, 2010. However, there is no
indication in the record that this Petition was decided.

REPLY BRIEF NOT CONSIDERED
A Reply Brief was filed in this application on October 28, 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 have the Petition filed April 22, 2010 decided;
2) to consider the Reply Brief filed October 28, 2010 as indicated above;
3) 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.

KRJ/cdc

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