Ex Parte Klein

Board of Patent Appeals and Interferences

May 10, 2010

11406865 (B.P.A.I. May. 10, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte ARNOLD G. KLEIN
____________

Appeal 2010-006997
Application 11/406,865
Technology Center 3600
____________

Before STEVEN J. BARTLETT, Support Division 2 Manager.

ORDER REMANDING APPEAL TO EXAMINER

This application was electronically received by the Board of Patent
Appeals and Interferences on April 7, 2010. A Docketing Notice was
mailed on May 5, 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 2010-006997
Application 11/406,865

2
REPLY BRIEF NOT CONSIDERED

A Reply Brief was filed in this application on March 29, 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. However, it appears that the Reply Brief was untimely filed in
accordance with 37 CFR § 41.41(a)(1). Per 37 CFR § 41.41(b), the
appellant is to be notified that the Reply Brief is not in compliance with CFR
§ 41.41(a) and will not be considered.

Accordingly, it is ordered that the application is remanded to the
Examiner:

1) to determine if the Reply Brief filed March 29, 2010 was filed timely;
2) If filed timely, considered the Reply Brief filed March 29, 2010;
3) If not filed timely, notify the appellant that the Reply Brief is not in
compliance and will not be considered; and
4) 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.

SJB/KE

Appeal 2010-006997
Application 11/406,865

3
ARNOLD G. KLEIN
P.O. BOX 724
SANDIA PARK NM 87047