10214870 (B.P.A.I. Aug. 25, 2010)

Ex Parte Blackson et al

Board of Patent Appeals and InterferencesAug 25, 2010

10214870 (B.P.A.I. Aug. 25, 2010)

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. 10/214,870 08/07/2002 Dale Blackson D-1156 R2+ 6038 28995 7590 08/25/2010 RALPH E. JOCKE Walker & Jocke 231 SOUTH BROADWAY MEDINA, OH 44256 EXAMINER ST CYR, DANIEL ART UNIT PAPER NUMBER 2876 MAIL DATE DELIVERY MODE 08/25/2010 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 DALE BLACKSON and H. THOMAS GRAEF ____________ Appeal 2010-002647 Application 10/214,870 Technology Center 2800 ____________ Before DALE M. SHAW, Chief Appeals Administrator. ORDER REMANDING APPEAL TO EXAMINER This application was electronically received by the Board of Patent Appeals and Interferences on January 21, 2010. A Docketing Notice was mailed on January 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 2010-002647 Application 10/214,870 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 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 July 12, 2010, as indicated above; 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. babc RALPH E. JOCKE Walker & Jocke 231 SOUTH BROADWAY MEDINA, OH 44256