Ex Parte Spaulding

Board of Patent Appeals and Interferences

Sep 15, 2009

09550276 (B.P.A.I. Sep. 15, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte GLENN F. SPAULDING
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Appeal No. 2009-009348
Application 09/550,276
Technology Center 1600
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Mailed: September 15, 2009
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Before DALE M. SHAW, Chief Appeals Administrator.

ORDER DISMISSING APPEAL
On September 28, 2006, the Board of Patent Appeals and Interferences
mailed a Remand to the Examiner. The Examiner responded with Supplemental
Examiner Answer's of March 07, 2007 and August 10, 2007. Under the Board’s
regulations at 37 C.F.R. §41.50(a)(2), the Appellant had a statutory response time
to the Examiner’s Answers of two months to either 1) reopen prosecution, or 2)
Appeal 2009-011634
Application 10/231,502

2
maintain the appeal by filing a Reply Brief to the Examiner’s Answer. The
Appellant has failed to exercise either of these options under 37 C.F.R.
§41.50(a)(2).
Accordingly, it is
ORDERED that the appeal filed January 24, 2005, is dismissed.

DMS/cam

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