Ex Parte DuongDownload PDFBoard of Patent Appeals and InterferencesFeb 4, 201110867330 (B.P.A.I. Feb. 4, 2011) Copy Citation 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. 10/867,330 06/15/2004 Henri Duong 3093 7590 02/07/2011 Henri Duong 316 1/2 E Glendon way Alhambra, CA 91801 EXAMINER LAMB, CHRISTOPHER RAY ART UNIT PAPER NUMBER 2627 MAIL DATE DELIVERY MODE 02/07/2011 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 HENRI DUONG ____________ Appeal 2010-005442 Application 10/867,330 Technology Center 2600 ____________ Before DALE M. SHAW, Division 2 Support Administrator. ORDER REMANDING APPEAL TO EXAMINER This application was electronically received by the Board of Patent Appeals and Interferences on March 22, 2010. A Docketing Notice was mailed on April 3, 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 2010-005442 Application 10/867,330 2 REPLY BRIEF NOT CONSIDERED A Reply Brief was filed in this application on January 22, 2010. 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. Additionally, on December 6, 2010, Appellant filed a letter to correct typographical errors in the Appeal Brief. There is no evidence on the record indicating that the Examiner has considered these corrections. Accordingly, it is ordered that the application is remanded to the Examiner: 1) to consider the Reply Brief filed January 22, 2010, as indicated above; 2) to consider the correction to the Appeal Brief filed December 6, 2010; and 3) 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 Henri Duong 316 1/2 E Glendon Way Alhambra, CA 91801 Copy with citationCopy as parenthetical citation