Ex Parte Fineberg et al

Board of Patent Appeals and Interferences

Sep 7, 2011

11411385 (B.P.A.I. Sep. 7, 2011)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte SAMUEL A. FINEBERG and PANKAJ MEHRA
____________

Appeal 2010-009145
Application 11/411,385
Technology Center 2100
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Before KIMBERLY R. JORDAN, Division 1 Support Administrator.

ORDER REMANDING APPEAL TO EXAMINER

This application was electronically received by the Board of Patent
Appeals and Interferences on June 15, 2010. A Docketing Notice was
mailed on June 28, 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 2010-009145
Application 11/411,385

2
REPLY BRIEF NOT CONSIDERED

A Reply Brief was filed in this application on August 23, 2011. 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 August 23, 2011 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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