Ex Parte Messier

Board of Patent Appeals and Interferences

May 17, 2010

10528006 (B.P.A.I. May. 17, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte PIERRE MESSIER
____________

Appeal 2010-006950
Application 10/528,006
Technology Center 3700
____________

Before KIMBERLY R. JORDAN, Division 1 Support Administrator.

ORDER REMANDING APPEAL TO EXAMINER
This application was electronically received by the Board of Patent
Appeals and Interferences on April 9, 2010. A Docketing Notice was
mailed on May 6, 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 2010-006950
Application 10/528,006

2
REPLY BRIEF NOT CONSIDERED
A Reply Brief was filed in this application on March 29, 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 is remanded to the
Examiner:
1) to consider the Reply Brief filed March 29, 2010, as indicated
above; and
2) for such 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.

dm

GOODWIN PROCTER LLP
ATTN: PATENT ADMINISTRATOR
620 EIGHTH AVENUE
NEW YORK, NY 10018