Ex parte CHEN et al. - Page 9




          Appeal No. 97-3530                                                          
          Application No. 08/418,122                                                  


               Accordingly, it is                                                     
                    ORDERED that the application is remanded to the                   
          Examiner for appropriate notification to applicant and for                  
          such further action as may be appropriate.                                  
               It is important that the Board of Patent Appeals and                   
          Interferences be informed promptly of any action affecting the              
          appeal.                                                                     


                                   REVERSED and REMANDED                              





                         ERROL A. KRASS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOHN C. MARTIN                )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )                              




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