Ex Parte Gallo et al

Board of Patent Appeals and Interferences

Jun 23, 2010

10546088 (B.P.A.I. Jun. 23, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte ANTHONY A. GALLO, MARK T. DIMKE, and TANWEER
AHSAN
____________

Appeal 2010-008794
Application 10/546,088
Technology Center 1700
____________

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 21, 2010. A Docketing Notice was
mailed on June 22, 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 2010-008794
Application 10/546,088

2
REPLY BRIEF NOT CONSIDERED
A Reply Brief was filed in this application on April 26, 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.
Accordingly, it is ordered that the application is remanded to the
Examiner:
1) to consider the Reply Brief filed April 26, 2010, as indicated above;
and
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.

KRJ/erc

THE WEBB LAW FIRM, P.C.
700 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219