Ex Parte Anderson

Board of Patent Appeals and Interferences

Jun 14, 2011

10917968 (B.P.A.I. Jun. 14, 2011)

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.
10/917,968 08/12/2004 Nicholas William Anderson 9147-96606-US 3609
22242 7590 06/14/2011
FITCH EVEN TABIN & FLANNERY
120 SOUTH LASALLE STREET
SUITE 1600
CHICAGO, IL 60603-3406
EXAMINER
REGO, DOMINIC E
ART UNIT PAPER NUMBER
2618
MAIL DATE DELIVERY MODE
06/14/2011 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 NICHOLAS WILLIAM ANDERSON
____________

Appeal 2011-009759
Application 10/917,968
Technology Center 2600
____________

Before STEVEN J. BARTLETT, Support Division 2 Manager.

ORDER REMANDING APPEAL TO EXAMINER

This application was electronically received by the Board of Patent
Appeals and Interferences on June 13, 2011. A Docketing Notice was
mailed on June 14, 2011. 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 2011-009759
Application 10/917,968

2
AMENDMENT AFTER FINAL NOT CONSIDERED

An After Final Amendment was filed in this application on December
3, 2010. 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 December 3, 2010;
2) to notify appellant of the entry or non-entry of the Amendment
After Final filed December 3, 2010; 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.

babc