Ex Parte Dettinger et al

Board of Patent Appeals and Interferences

May 4, 2010

10857746 (B.P.A.I. May. 4, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte: RICHARD D. DETTINGER,
THOMAS J. EGGEBRAATEN, and
JEFFREY W.TENNER
____________

Appeal 2010-006930
Application 10/857,746
Technology Center 2100
____________

Mailed: May 4, 2010
____________
Before Steven J. Bartlett, Support Division 2 Manager.

ORDER REMANDING APPEAL TO EXAMINER
This application was electronically received at the Board of Patent
Appeals and Interferences on April 4, 2010. A Docketing Notice was
mailed on May 5, 2010. A review of the application has revealed that the
application is not ready for an appeal. Accordingly, the application is
herewith being remanded to the Examiner. The matter requiring attention is
identified below.

Appeal 2010-006930
Application 10/857,746

2
EXAMINER’S CONSIDERATION OF REPLY BRIEF

A Reply Brief was filed in this application on September 21, 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 returned to the
Examiner to:
1) consider the Reply Brief filed September 21, 2009 as indicated
above; and
2) any 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.

mev

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