Ex Parte Brock

Board of Patent Appeals and Interferences

May 11, 2009

09904741 (B.P.A.I. May. 11, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte: RONALD G. BROCK, SR.
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Appeal No. 2008-5478
Application 09/904,741
Technology Center 3600
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Mailed: May 13, 2009
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Before DALE M. SHAW, Chief Appeals Administrator
SHAW, Chief Appeals Administrator.

ORDER REMANDING TO EXAMINER
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This application was electronically received at the Board of Patent
Appeals and Interferences on July 7, 2008. A Docketing Notice was mailed
and Appeal No. 2008-5478 was assigned on September 3, 2008. A review
of the application has revealed that the application is not ready for an appeal.
Appeal 2008-5478
Application 09/904,741

On December 9, 2008, the examiner mailed a supplemental
Examiner's Answer to appellants. This supplemental Examiner's Answer
introduced a new ground of rejection on claims 6-17 and 51-53. On
February 6, 2009, the appellants timely filed a Substitute Brief and an
amendment requesting to cancel claims 6-17 and 51-53 for the purposes of
the pending appeal in the present case.
Accordingly, it is
ORDERED that the application is remanded to the Examiner to
consider the Substitute Brief and amendment in accordance to appellants’
February 6, 2009 request.
If there are any questions pertaining to this Order, please contact the
Board of Patent Appeals and Interferences at 571-272-9797.

DMS/eld

GREENBERG TRAURIG LLP (LA)
2450 COLORADO AVENUE, SUITE 400E
INTELLECTUAL PROPERTY DEPARTMENT
SANTA MONICA, CA 90404
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