Ex Parte Schoen et al

Board of Patent Appeals and Interferences

Mar 21, 2011

09861752 (B.P.A.I. Mar. 21, 2011)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte MATTHEW B. SCHOEN and JEAN-PHILIPPE KHODARA
____________

Appeal 2011-003016
Application 09/861,752
Technology Center 3600
____________

Before DALE M. SHAW, Division II Support Administrator

ORDER REMANDING APPEAL TO EXAMINER

This application was electronically received by the Board of Patent
Appeals and Interferences on December 13, 2010. A Docketing Notice was
mailed on December 15, 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.
A Supplemental Amendment was filed in this application on
September 10, 2010. There is no indication in the record that the
Supplemental Amendment was considered by the Examiner. The Examiner
needs to determine if the Supplemental Amendment will or will not be
entered, and notify appellant of said entry or non-entry.
Appeal 2011-003016
Application 09/861,752

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

1) to consider the Supplemental Amendment filed September 10, 2010;
2) to notify appellant of the entry or non-entry of the Supplemental
Amendment September 10, 2010; 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.

tc

Peter K. Trzyna
P.O. Box 7131
Chicago, IL 60680

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