Ex Parte KleinDownload PDFBoard of Patent Appeals and InterferencesMay 10, 201011406865 (B.P.A.I. May. 10, 2010) Copy Citation 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 Copy with citationCopy as parenthetical citation