Ex Parte Daume

Board of Patent Appeals and Interferences

Jun 7, 2011

10950503 (B.P.A.I. Jun. 7, 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.
10/950,503 09/28/2004 Britta Daume 6884-1 6910
39196 7590 06/07/2011
SHLESINGER, ARKWRIGHT & GARVEY LLP
5845 Richmond Highway, Suite 415
ALEXANDRIA, VA 22303
EXAMINER
CHIN SHUE, ALVIN C
ART UNIT PAPER NUMBER
3634
MAIL DATE DELIVERY MODE
06/07/2011 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 BRITTA DAUME
____________

Appeal 2011-009479
Application 10/950,503
Technology Center 3600
____________

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 May 31, 2011. A Docketing Notice was
mailed on June 6, 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 2011-009479
Application 10/950,503

2
REPLY BRIEF NOT CONSIDERED

A Reply Brief was filed in this application on September 9, 2009.
There is no evidence on the record indicating that the Examiner has
considered the Reply Brief in accordance with 37 CFR § 41.43(a)(1) and
MPEP § 1208, part II.

Accordingly, it is ordered that the application is remanded to the
Examiner:

1) to consider the Reply Brief filed September 9, 2009 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.

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SHLESINGER, ARKWRIGHT & GARVEY LLP
5845 Richmond Highway, Suite 415
Alexandia, VA 22303