Ex Parte Greenbaum et al

Patent Trial and Appeal Board

Feb 5, 2013

11302844 (P.T.A.B. Feb. 5, 2013)

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.
11/302,844 12/14/2005 Elias Greenbaum 13489-154 1687
73229 7590 02/05/2013
UT-Battelle/Chicago/BHGL
P.O. Box 10395
Chicago, IL 60610
EXAMINER
SIMS, JASON M
ART UNIT PAPER NUMBER
1631
MAIL DATE DELIVERY MODE
02/05/2013 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 PATENT TRIAL AND APPEAL BOARD
____________

Ex parte ELIAS GREENBAUM, and
MIGUEL RODRIGUEZ, JR.
____________

Appeal 2013-003962
Application 11/302,844
Technology Center 1600
____________

Before STEVEN J. BARTLETT, Division 2 Support Manager.

ORDER REMANDING APPEAL TO EXAMINER

This application was electronically received by the PATENT TRIAL
AND APPEAL BOARD on February 4, 2013. A Docketing Notice was
mailed on February 5, 2013. 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 2013-003962
Application 11/302,844

2
AMENDMENT AFTER FINAL NOT CONSIDERED

An After Final Amendment was filed in this application on
December 27, 2012. There is no indication in the record that the After
Final Amendment was considered by the Examiner. The Examiner
needs to determine if the After Final Amendment will or will not be
entered, and notify appellant of said entry or non-entry.
Accordingly, it is ordered that the application is remanded to the
Examiner:
1) to consider the Amendment After Final filed December 27, 2012;
2) to notify appellant of the entry or non-entry of the Amendment
After Final filed December 27, 2012;
3) for further action as may be appropriate.

If there are any questions pertaining to this Order, please contact the
Patent Trial and Appeal Board at 571-272-9797.

SJB/Klh