Ex Parte Tucker

Board of Patent Appeals and Interferences

Jun 14, 2011

11012824 (B.P.A.I. Jun. 14, 2011)

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.
11/012,824 12/16/2004 David Jason Tucker 0100/0182 9664
21395 7590 06/14/2011
LOUIS WOO
LAW OFFICE OF LOUIS WOO
717 NORTH FAYETTE STREET
ALEXANDRIA, VA 22314
EXAMINER
GRAY, PHILLIP A
ART UNIT PAPER NUMBER
3767
MAIL DATE DELIVERY MODE
06/14/2011 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 DAVID JASON TUCKER
____________

Appeal 2011-009760
Application 11/012,824
Technology Center 3700
____________

Before STEVEN J. BARTLETT, Support Division 2 Manager.

ORDER REMANDING APPEAL TO EXAMINER

This application was electronically received by the Board of Patent
Appeals and Interferences on June 13, 2010. A Docketing Notice was
mailed on June 14, 2011. 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 2011-009760
Application 11/012,824

2
REPLY BRIEF NOT CONSIDERED

A Reply Brief was filed in this application on January 12, 2011.
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 January 12, 2011, as indicated above;
and
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.

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