10525778 (B.P.A.I. Jan. 4, 2011)

Ex Parte Bozionek et al

Board of Patent Appeals and InterferencesJan 4, 2011

10525778 (B.P.A.I. Jan. 4, 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. 10/525,778 02/28/2005 Bruno Bozionek 2002P10504WOUS 8327 7590 01/04/2011 Siemens Corporation Intellectual Property Department 170 Wood Avenue South Iselin, NJ 08830 EXAMINER SMITH, JOSHUA Y ART UNIT PAPER NUMBER 2477 MAIL DATE DELIVERY MODE 01/04/2011 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 BRUNO BOZIONEK, DIETER HEMKEMEYER, and RAINER ZIMMERMANN ____________ Appeal 2011-003530 Application 10/525,778 Technology Center 2400 ____________ Before KIMBERLY R. JORDAN, Division 1 Support Administrator. ORDER REMANDING APPEAL TO EXAMINER This application was electronically received by the Board of Patent Appeals and Interferences on December 27, 2010. A Docketing Notice was mailed on December 29, 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 2011-003530 Application 10/525,778 2 REPLY BRIEF NOT CONSIDERED A Reply Brief was filed in this application on November 8, 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 November 8, 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. KRJ/erc Siemens Corporation Intellectual Property Department 170 Wood Avenue South Iselin NJ 08830