Ex Parte Stewart et al

Board of Patent Appeals and Interferences

Aug 10, 2010

10668701 (B.P.A.I. Aug. 10, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte JEFF STEWART, JENNIFER R. PINCO,
DAVID UYTTENDAELE, CRAIG JACOBS,
DOUG FINK, and SHAWN ROBERT
____________

Appeal 2010-009627
Application 10/668,701
Technology Center 2600
____________

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 July 6, 2010. A Docketing Notice was mailed
on July 13, 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 2010-009627
Application 10/668,701

2
REPLY BRIEF NOT CONSIDERED

A Reply Brief was filed in this application on July 27, 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.

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

1) to consider the Reply Brief filed July 27, 2010 as indicated above;

2) 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.

tkl

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