11514691 (B.P.A.I. Nov. 16, 2011)

Ex Parte Beach et al

Board of Patent Appeals and InterferencesNov 16, 2011

11514691 (B.P.A.I. Nov. 16, 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. 11/514,691 09/01/2006 Matthew H. Beach 1408US 4527 40313 7590 11/17/2011 DAVID J. ARCHER 7037 POMERY ROAD ROCKTON, IL 61072 EXAMINER GRAVINI, STEPHEN MICHAEL ART UNIT PAPER NUMBER 3744 MAIL DATE DELIVERY MODE 11/17/2011 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 MATTHEW H. BEACH and ALAN T. IVES ____________ Appeal 2012-001388 Application 11/514,691 Technology Center 3700 ____________ 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 October 24, 2011. A Docketing Notice was mailed on November 02, 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 2012-001388 Application 11/514,691 2 REPLY BRIEF NOT CONSIDERED A Reply Brief was filed in this application on October 31, 2011. 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 October 31, 2011 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.