Ex Parte Aoya

Board of Patent Appeals and Interferences

Jul 20, 2010

12025400 (B.P.A.I. Jul. 20, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte KENGO AOYA
____________

Appeal 2010-009989
Application 12/025,400
Technology Center 1700
____________

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 July 19, 2010. A Docketing Notice was
mailed on July 21, 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 2010-009989
Application 12/025,400

2
REPLY BRIEF NOT CONSIDERED

A Reply Brief was filed in this application on July 12, 2010. There is
no evidence on the record indicating that the Examiner has considered the
Reply Brief in accordance with 37 CFR § 41.43(a)(1) and MPEP § 1208,
part II. However, it appears that the Reply Brief was untimely filed in
accordance with 37 CFR § 41.41(a)(1). Per 37 CFR § 41.41(b), the
appellant is to be notified that the Reply Brief is not in compliance with CFR
§ 41.41(a) and will not be considered.

Accordingly, it is ordered that the application is remanded to the
Examiner:
1) to determine if the Reply Brief filed July 12, 2010, was filed timely;
2) if filed timely, consider the Reply Brief filed July 12, 2010;
3) if not filed timely, notify the appellant that the Reply Brief is not in
compliance and will not be considered; and
4) 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.

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