Ex Parte Duong

Board of Patent Appeals and Interferences

Feb 4, 2011

10867330 (B.P.A.I. Feb. 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.
10/867,330 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