Ex Parte Bozionek, Appeal 2010-000479 (BPAI 2011). Judge Jordan.
Posted Tuesday, January 18, 2011 by Jim Ruttler
In this short decision, the BPAI remanded the case back to the examiner solely because the primary did not acknowledge the appellant’s reply brief.
37 CFR 41.43(a)(1) does require that the primary examiner acknowledge receipt and entry of the reply brief. It also states that the primary may withdraw the rejections, reopen prosecution, or furnish a supplemental examiner’s answer.