Ex Parte KoteraDownload PDFBoard of Patent Appeals and InterferencesMay 4, 201012172864 (B.P.A.I. May. 4, 2010) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte MASAMICHI KOTERA ____________ Appeal 2010-006922 Application 12/172,864 Technology Center 2600 ____________ 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 20, 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 2010-006922 Application 12/172,864 2 REPLY BRIEF NOT CONSIDERED A Reply Brief was filed in this application on January 27, 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. Accordingly, it is ordered that the application is remanded to the Examiner: 1) to consider the Reply Brief filed January 27, 2010, as indicated above; and 2) 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. babc OBLON, SPIVAK, MCCLELLAND MAIER & NEUSTADT, L.L.P. 1940 DUKE STREET ALEXANDRIA VA 22314 Copy with citationCopy as parenthetical citation