Ex Parte Berkema et al

Board of Patent Appeals and Interferences

Sep 28, 2010

10728495 (B.P.A.I. Sep. 28, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte ALAN C. BERKEMA and SCOTT V. HANSEN
____________

Appeal 2010-012423
Application 10/728,495
Technology Center 2400
____________

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 September 27, 2010. A Docketing Notice was
mailed on September 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 2010-012423
Application 10/728,495

2
REQUEST TO REOPEN PROSECUTION

Appellants filed a communication August 22, 2010. This
communication will be considered as the Appellants exercising their option
to Request to Reopen Prosecution in response to a new ground of rejection
contained in the Examiner’s Answer mailed on June 23, 2010. There is no
indication on the record that the Examiner has acted on this Request to
Reopen Prosecution.

Accordingly, it is ordered that the application is remanded to the
Examiner:
1) to Reopen Prosecution; and
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.

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