Ex Parte Albro et alDownload PDFBoard of Patent Appeals and InterferencesFeb 15, 201210292973 (B.P.A.I. Feb. 15, 2012) Copy Citation 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. 10/292,973 11/12/2002 Todd M. Albro 1400.001.00/US (NUTR01.00 6504 41894 7590 02/15/2012 FIELDS IP, PS P.O. BOX 327 BINGEN, WA 98605 EXAMINER GISHNOCK, NIKOLAI A ART UNIT PAPER NUMBER 3715 MAIL DATE DELIVERY MODE 02/15/2012 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 TODD M. ALBRO, SCOTT D. MURDOCH, EUGENE DWAYNE GARRETT, WILLIAM C. EKLUND, CALEB SKINNER, and SHANNON R. MADSEN ____________ Appeal 2010-008360 Application 10/292,973 Technology Center 3700 ____________ Before DALE M. SHAW, Division 2 Support Administrator ORDER DISMISSING APPEAL On May 19, 2009, Appellants filed a Notice of Appeal. Appeal Brief to which the Examiner responded by filing an Examiner’s Answer on February 16, 2010. The Examiner’s Answer contained a new ground of rejection designated in accordance with MPEP § 1207.03. According to MPEP § 1207.03 states that appellants must respond to a new ground of rejection by filing either: (A) a reply in compliance with 37 C.F.R. § 1.111 to request that prosecution be reopened; or Appeal 2010-008360 Application 10/292,973 2 (B) a reply brief that addresses each new ground of rejection in compliance with 37 C.F.R. § 41.37(c)(1)(vii) to maintain the appeal. In addition, 37 C.F.R. § 41.39(b) states that appellants have within two months to respond. Appellants have not responded within the specified timeframe. Accordingly, it is ORDERED that the appeal which was filed on May 19, 2009, be dismissed. The application is being returned to the Examiner for further action as may be appropriate. If there are any questions pertaining to this dismissal, please contact the Board of Patent Appeals and Interferences at 571-272-9797. DISMISSED JRG Copy with citationCopy as parenthetical citation
