Ex Parte Kusy et al

Board of Patent Appeals and Interferences

Feb 17, 2010

10729412 (B.P.A.I. Feb. 17, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte ROBERT P. KUSY, SCOTT ZUFALL, MATTHEW CAMP,
GLENYS THORSTENSON, BRIAN RUCKER, HIAWATHA DEMBY,
DAVID RUDDELL, ELODIA COLE, and ADITYA PATEL
____________

Appeal 2009-004200
Application 10/729,412
Technology Center 1700
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Mailed: February 17, 2010
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Before DALE M. SHAW, Division 2 Support Administrator

ORDER DISMISSING APPEAL
On February 18, 2008, Appellants filed a Notice of Appeal. On April
17, 2008, Appellants filed an Appeal Brief to which the Examiner responded
by filing an Examiner’s Answer on June 23, 2008. The Examiner’s Answer
contained a new ground of rejection designated in accordance with MPEP §
1207.03. According to MPEP § 1207.03 states that an appellant must
respond to a new ground of rejection by filing either:
Appeal 2009-004200
Application 10/729,412

2
(A) a reply in compliance with 37 C.F.R. § 1.111 to request
that prosecution be reopened; or

(B) a reply brief that addresses each new ground of rejection
in compliance with 37 C.F.R. 41.37(c)(1)(vii) to maintain
the appeal.

In addition, 37 C.F.R. § 41.39(b) states that an appellant has within two
months to respond. Appellants have not responded within the specified
timeframe.
Accordingly, it is ORDERED that the appeal which was filed on
August 07, 2008, be dismissed.
The application is being returned to the Examiner for further action as
may be appropriate.

If there are any questions pertaining to this dismissal, please contact
the Board of Patent Appeals and Interferences at 571-272-9797.
DISMISSED

sld

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