Ex Parte HammesDownload PDFBoard of Patent Appeals and InterferencesJun 5, 201011456466 (B.P.A.I. Jun. 5, 2010) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte JEFFREY HAMMES ____________ Appeal 2010-008094 Application 11/456,466 Technology Center 2100 ____________ 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 1, 2010. A Docketing Notice was mailed on June 2, 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 2010-008094 Application 11/456,466 2 REPLY BRIEF NOT CONSIDERED A Reply Brief was filed in this application on March 18, 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. CONCLUSION Accordingly, it is ORDERED that the application is remanded to the Examiner: 1) to consider the Reply Brief filed March 18, 2010, as indicated above; and 2) for such 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. dm HOGAN LOVELLS US LLP ONE TABOR CENTER, SUITE 1500 1200 SEVENTEENTH ST. DENVER, CO 80202 Copy with citationCopy as parenthetical citation