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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. 



09/869,538 



11/02/2001 



Daniel Nissanoff 



2637/1 F581-US2 



4656 



7590 



12/08/2005 



Darby & Darby 

805 Third Avenue 

New York, NY 10022-7513 



EXAMINER 



KALINOWSKJ, ALEXANDER G 



ART UNIT 



PAPER NUMBER 



3627 

DATE MAILED: 12/08/2005 



Please find below and/or attached an Office communication concerning this application or proceeding. 



PTO-90C (Rev. 10/03) 



Application Number 


Application/Control No. 

09/869,538 


Applicant(s)/Patent under 

R ao v st m i ii sit" i r* n 

NISSANOFF ET AL 


Alexander Kalinowski 


Art 1 Init 

3627 





Notice of Panel Decision from Pre-Appeal Brief Review 

i 

This is in response to the Pre-Appeal Brief Request for Review filed 10/6/2005 . 

1. □ Improper Request - The Request is improper and a conference will not be held for the following 
reason(s): 

□ The Notice of Appeal has not been filed concurrent with the Pre-Appeal Brief Request. 

□ The request does not include reasons why a review is appropriate. 

□ A proposed amendment is included with the Pre-Appeal Brief request. 

□ Other: 

The time period for filing a response continues to run from the receipt date of the Notice of Appeal or from 
the mail date of the last Office communication, if no Notice of Appeal has been received. 




2. M Proceed to Board of Patent Appeals and Interferences - A Pre-Appeal Brief conference has been 
held. The application remains under appeal because there is at least one actual issue for appeal. Applicant 
is required to submit an appeal brief in accordance with 37 CFR 41.37. The time period for filing an appeal 
brief will be reset to be one month from mailing this decision, or the balance of the two-month time period 
running from the receipt of the notice of appeal, whichever is greater. Further, the time period for filing of the 
appeal brief is extendible under 37 CFR 1.136 based upon the mail date of this decision or the receipt date 
of the notice of appeal, as applicable. 

[3 The panel has determined the status of the claim(s) is as follows: 

Claim(s) allowed: . 

Claim(s) objected to: . 

Claim(s) rejected: 1-30 . 

Claim(s) withdrawn from consideration: . 



3. □ Allowable application - A conference has been held. The rejection is withdrawn and a Notice of 
Allowance will be mailed. Prosecution on the merits remains closed. No further action is required by 
applicant at this time. 



4. □ Reopen Prosecution - A conference has been held. The rejection is withdrawn and a new Office 
action will be mailed. No further action is required by applicant at this time. 



All participants: 

(1) Alexander Kalinowski 

(2) Sam Sough . 



(3)_ 
(4L 



U.S. Patent and Trademark Office 



Part of Paper No. 120605