Ex Parte Hofmeister et al

Patent Trial and Appeal BoardMay 28, 2014

11480791 (P.T.A.B. May. 28, 2014)

UNITED STATES PATENT AND TRADEMARKOFFICE 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. 11/480,791 07/03/2006 James P. Hofmeister RIDGE.1000 4703 7590 05/28/2014 HAYES SOLOWAY PC 175 Canal Street Manchester, NH 03101 EXAMINER SCHECHTER, ANDREWM ART UNIT PAPER NUMBER 2857 MAIL DATE DELIVERY MODE 05/28/2014 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 PATENT TRIAL AND APPEAL BOARD ____________ Ex parte JAMES P. HOFMEISTER and JUSTIN B. JUDKINS ____________ Appeal 2011-007919 Application 11/480,791 Technology Center 2800 ____________ Before CHARLES F. WARREN, BEVERLY A. FRANKLIN, and GEORGE C. BEST, Administrative Patent Judges. FRANKLIN, Administrative Patent Judge. ORDER DISMISSING APPEAL Appellants appeal under 35 U.S.C. § 134 from the Examiner’s rejection of claims 1-6 and 9-19. We have jurisdiction under 35 U.S.C. § 6. In the Examiner’s Answer mailed on January 24, 2011, the Examiner entered a new ground of rejection of claims 9-19 under 35 U.S.C. § 101. Ans. 3-4. In reply, Appellants filed a Reply Brief on February 9, 2011, that Appeal 2011-007919 Application 11/480,791 2 included an Amendment after Notice of Appeal. The rules governing ex parte appeals in effect when this appeal was filed provide, in pertinent part, that “[i]f a reply brief filed pursuant to this section is accompanied by [an] amendment, . . . it shall be treated as a request that prosecution be reopened before the primary examiner.” 37 C.F.R. § 41.39(b)(2) (2010). Accordingly, it is ORDERED that the appeal in this application is dismissed. The application is being returned to the Examiner for further action as described above. ORDER Upon consideration of the record, and for the reasons given above, it is ORDERED that this appeal is dismissed. DISMISSED kmm