10612401 (B.P.A.I. Sep. 30, 2010)

Ex Parte Wang et al

Board of Patent Appeals and InterferencesSep 30, 2010

10612401 (B.P.A.I. Sep. 30, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 10/612,401 07/01/2003 Ye-Kui Wang 088245-0152 3233 23524 7590 09/30/2010 FOLEY & LARDNER LLP 150 EAST GILMAN STREET P.O. BOX 1497 MADISON, WI 53701-1497 EXAMINER DUONG, CHRISTINE T ART UNIT PAPER NUMBER 2462 MAIL DATE DELIVERY MODE 09/30/2010 PAPER 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. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte YE-KUI WANG and EMRE BARIS AKSU ____________ Appeal 2010-011677 Application 10/612,401 Technology Center 2400 ____________ 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 August 31, 2010. A Docketing Notice was mailed on September 9, 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 2010-011677 Application 10/612,401 2 REPLY BRIEF NOT CONSIDERED A Reply Brief was filed in this application on September 27, 2010. There is no evidence on the record indicating that the Examiner has considered the Reply Brief in accordance with 37 CFR Â§ 41.43(a)(1) and MPEP Â§ 1208, part II. Accordingly, it is ordered that the application is remanded to the Examiner: 1) to consider the Reply Brief filed September 27, 2010, 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 FOLEY & LARDNER LLP 150 EAST GILMAN STREET P.O. BOX 1497 MADISON, WI 53701-1497