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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. 



08/479,810 06/07/1995 JOHANNES G. BEDNORZ YOR919870074US5 8594 



877 7590 05/13/2010 

IBM CORPORATION, TJ. WATSON RESEARCH CENTER 
P.O. BOX 218 

YORKTOWN HEIGHTS, NY 10598 



EXAMINER 



KOPEC, MARK T 



PAPER NUMBER 



1796 



NOTIFICATION DATE 



05/13/2010 



DELIVERY MODE 



ELECTRONIC 



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. 



Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the 
following e-mail address(es): 

iplawy or @ u s . ibm. com 



PTOL-90A (Rev. 04/07) 



UNITED STATES PATENT AND TRADEMARK OFFICE 



BEFORE THE 

BOARD OF PATENT APPEALS AND INTERFERENCES 



Ex parte Johannes G. Bednorz and Carl A. Mueller 



Appeal 2009-003320 
Application 08/479,810 
Technology Center 1 700 



Mailed: May 11,2010 



DECISION ON PETITION 

This is a decision on the "Request to Reopen Prosecution Under 37 
C.F.R. § 41.50(a)(2)(i) or 37 C.F.R. § 41.50(b)(2)," filed November 17, 
2009 ("Petition"). This Request will be treated as a Petition to the Chief 
Administrative Patent Judge under 37 C.F.R. § 41.3(a). 

FINDINGS 

1 . On September 17, 2009, a Decision on Appeal was entered affirming 
and reversing rejections of the Examiner under 35 U.S.C. § 1 12, ^ 1 for lack 
of enablement. 

2. Under 37 C.F.R. § 41 .50(a)(2)(i), a request to reopen prosecution is 
permitted if a supplemental examiner's answer is written in response to a 



Appeal 2009-003320 
Application 08/479,810 

remand by the Board of Patent Appeals and Interferences ("Board") for 
further consideration of a rejection. 

3. The Decision on Appeal does not include a remand under 37 C.F.R. 
§ 41.50(a)(1) for further consideration of a rejection, and no supplemental 
examiner's answer has been entered. 

4. Under 37 C.F.R. § 41 .50(b)(1), a request to reopen prosecution also is 
permitted in response to a new ground of rejection entered by the Board. 

5. The Decision on Appeal does not include a new ground of rejection 
under 37 C.F.R.§ 41.50(b). 

6. A decision on appeal by a panel of the Board is a final agency action 
on the appealed claims (see 37 C.F.R. § 41.2) subject to revision only upon 
reconsideration in response to a request for rehearing. See 37 C.F.R. § 



As indicated, in the present posture of this appeal, ho basis exists 
under applicable rules for reopening prosecution. 



41.52. 



DISCUSSION 



DECISION 



In view of the foregoing, the Petition is DENIED. 




Michael R. Fleming 
Chief Administrative Patent Judge 



2 



Appeal 2009-003320 
Application 08/479,810 

Daniel P. Morris 

IBM Corporation 

T.J. Watson Research Center 

P.O. Box 218 

Yorktown Heights, NY 10598