Ex Parte Yao et al

Board of Patent Appeals and Interferences

Sep 9, 2010

10206244 (B.P.A.I. Sep. 9, 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.
10/206,244 07/26/2002 Ming Gao Yao 4593-218 9932
23117 7590 09/09/2010
NIXON & VANDERHYE, PC
901 NORTH GLEBE ROAD, 11TH FLOOR
ARLINGTON, VA 22203
EXAMINER
BLOUIN, MARK S
ART UNIT PAPER NUMBER
2627
MAIL DATE DELIVERY MODE
09/09/2010 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 MING GAO YAO
and MASASHI SHIRAISHI
____________

Appeal 2010-009227
Application 10/206,244
Technology Center 2600
____________

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 June 28, 2010. A Docketing Notice was
mailed on June 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 2010-009227
Application 10/206,244

2
REPLY BRIEF NOT CONSIDERED

A Reply Brief was filed in this application on August 30, 2010. There
is no evidence on the record indicating that the Examiner has considered the
Reply Brief in accordance with 37 C.F.R. § 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 August 30, 2010 as indicated above;
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.

KIS

NIXON & VANDERHYE, P.C.
901 NORTH GLEBE ROAD, 11TH FLOOR
ARLINGTON VA 22203