Ex Parte Treffers et al

Board of Patent Appeals and Interferences

May 15, 2012

12176074 (B.P.A.I. May. 15, 2012)

UNITED STA 1ES p A 1ENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
121176,074 07/18/2008
23387 7590 05/17/2012
Stephen B. Salai, Esq.
Harter Secrest & Emery LLP
1600 Bausch & Lomb Place
Rochester, NY 14604-2711
FIRST NAMED INVENTOR
Menno Anne Treffers
UNITED STA TES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
96463.000013 1835
EXAMINER
MUHAMMAD, KHALIF R
ART UNIT PAPER NUMBER
3685
NOTIFICATION DATE DELIVERY MODE
05/1712012 ELECTRONIC
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.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
bsalai@hselaw.com
coffen@hselaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
Ex parte MENNO ANNE TREFFERS and
ANTONIUS ADRIAAN MARIA STARING
Appeal2012-008348
Application 12/176,074
Technology Center 3600
Before STEVEN J. BARTLETT, Division 2 Support Manager.
ORDER REMANDING APPEAL TO EXAMINER
This application was electronically received by the Board of Patent
Appeals and Interferences on May 14, 2012. A Docketing Notice was
mailed on May 17, 2012. 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.
Appeal2012-008348
Application 12/176,074
AMENDMENT AFTER FINAL NOT CONSIDERED
An After Final Amendment was filed in this application on May 23,
2011. There is no indication in the record that the After Final Amendment
was considered by the Examiner. The Examiner needs to determine if the
After Final Amendment will or will not be entered, and notify appellant of
said entry or non-entry.
Accordingly, it is ordered that the application is remanded to the
Examiner:
1) to consider the Amendment After Final filed May 23, 2011;
2) to notify appellant of the entry or non-entry of the Amendment
After Final filed May 23, 2011; and
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.
babe
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