Ex Parte Malm

Board of Patent Appeals and Interferences

Nov 24, 2010

11078905 (B.P.A.I. Nov. 24, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
11/078,905 03/09/2005 Howard Leigh Malm REM10001 5153
21118 7590 11/26/2010
JOHN RUSSELL UREN
2431 Simpson Road
Richmond, BC V6X 2R2
CANADA
EXAMINER
NDUBIZU, CHUKA CLEMENT
ART UNIT PAPER NUMBER
3743
MAIL DATE DELIVERY MODE
11/26/2010 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte HOWARD LEIGH MALM
____________

Appeal 2011-002162
Application 11/078,905
Technology Center 3700
____________

Before STEVEN J. BARTLETT, Division 2 Support Manager.

ORDER REMANDING APPEAL TO EXAMINER

This application was electronically received by the Board of Patent
Appeals and Interferences on November 22, 2010. A Docketing Notice was
mailed on November 23, 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 2011-002162
Application 11/078,905

2
AMENDMENT AFTER FINAL NOT CONSIDERED

An After Final Amendment was filed in this application on
November 15, 2010. There is no indication in the record that the
After Final Amendment was considered by the Examiner. The
Examiner needs to determine if the After Final Amendment will or
will not be entered, and notify appellant of said entry or non-entry.

Accordingly, it is ordered that the application is remanded to the
Examiner:

1) to consider the Amendment After Final filed November 15, 2011;
2) to notify Appellant of the entry or non-entry of the Amendment After
Final filed November 15, 2010;
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.

kis

JOHN RUSSELL UREN
2431 Simpson Road
Richmond BC V6X 2R2 CA CANADA