Ex Parte TOOMEY et al

Board of Patent Appeals and Interferences

Sep 30, 2010

11421178 (B.P.A.I. Sep. 30, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte DANNY L. TOOMEY and ROXANNE L. PROCTOR-TOOMEY
____________

Appeal 2010-012484
Application 11/421,178
Technology Center 3700
____________

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 28, 2010. A Docketing Notice was
mailed on October 1, 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 2010-012484
Application 11/421,178

2
REPLY BRIEF NOT CONSIDERED

A Reply Brief was filed in this application on April 21, 2008. 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 April 21, 2008, 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.

babc

MCKEE, VOORHEES & SEASE, P.L.C.
801 GRAND AVENUE
SUITE 3200
DES MOINES, IA 50309-2721