Ex Parte Kotera

Board of Patent Appeals and Interferences

May 4, 2010

12172864 (B.P.A.I. May. 4, 2010)

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