Ex Parte Kusleika

Board of Patent Appeals and Interferences

May 5, 2010

10825309 (B.P.A.I. May. 5, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte RICHARD S. KUSLEIKA
____________

Appeal 2010-006943
Application 10/825,309
Technology Center 3700
____________

Before KIMBERLY R. JORDAN, Division 1 Support Administrator.

ORDER REMANDING APPEAL TO THE EXAMINER

This application was electronically received by the Board of Patent
Appeals and Interferences on May 3, 2010. A Docketing Notice was mailed
on May 4, 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 2010-006943
Application 10/825,309

2
UNDECIDED PETITION
A Petition to request designation of new grounds of rejection in the
Examiner’s Answer was filed on March 22, 2010. However, there is no
indication in the record that the Petition was decided.

REPLY BRIEF NOT CONSIDERED
A Reply Brief was filed in this application on March, 22, 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.

CONCLUSION
Accordingly, it is ordered that the application be remanded to the
Examiner:
1) to have the Petition filed March 22, 2010 decided;
2) to consider the Reply Brief filed March 22, 2010, as indicated
above; and
3) 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.

KRJ/msc

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