Ex Parte Vejtasa et al

Patent Trials and Appeals Board

Jul 9, 2013

12910765 - (D) (P.T.A.B. Jul. 9, 2013)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE PATENT TRIAL AND APPEAL BOARD
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Ex parte DAVID S. VEJTASA,
CLAYTON L. HOLSTUN, and FOREST SUN PATTON
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Appeal 2013-008657
Application 12/910,765
Technology Center 2800
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ORDER REMANDING APPEAL TO EXAMINER

This application was electronically received by the Patent Trial and
Appeal Board on July 8, 2013. A Docketing Notice was mailed on July 11,
2013. 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.

AMENDMENT AFTER FINAL NOT CONSIDERED

An After Final Amendment was filed in this application on
March 19, 2013. 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.

Appeal 2013-008657
Application 12/910,765

2
Accordingly, it is ordered that the application is remanded to the
Examiner:
1) to consider the Amendment After Final filed March 19, 2013;
2) to notify appellant of the entry or non-entry of the Amendment After
Final filed March 19, 2013;
3) for further action as may be appropriate.

If there are any questions pertaining to this Order, please contact the
Patent Trial and Appeal Board at 571-272-9797.

SJB/msc