Ex Parte Hochstein

Board of Patent Appeals and Interferences

Jul 16, 2010

09382702 (B.P.A.I. Jul. 16, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte PETER ANTHONY HOCHSTEIN
____________

Appeal 2010-008830
Application 09/382,702
Technology Center 2800
____________

Before DALE M. SHAW, Division 2 Support Administrator

ORDER REMANDING TO EXAMINER
This application was electronically received at the Board of Patent
Appeals and Interferences on June 22, 2010. A Docketing Notice was
mailed and Appeal No. 2010-008830 was assigned on June 23, 2010. It has
been determined that a remand to the Examiner is necessary to review
Appellants’ Response to Supplemental Examiner’s Answer, filed June 7,
2010, requesting prosecution to be reopened in the above identified
application. Further, as set forth in the Interview Summary mailed July 1,
2010, counsel for Applicant and the Examiner conducted an interview on
Appeal 2010-008830
Application 09/382,702

2
June, 24 2010, and agreed that claims 24, 28, 32, 37, 38, 41, 42, 44, and 46-
53 are allowable over the cited prior art of record.

Accordingly, it is order that the application is being remanded to the
Examiner to:
1) to consider the request to reopen prosecution filed June 7,
2010 as required; 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.

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DAVID M QUINLAN, PC
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PRINCETON NJ 08542