The opinion in support of the decision being entered today was not
written for publication and is not binding precedent of the Board.
Paper No. 37
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte JANICE K. ALBRECHT and PAUL C. GRINT
__________
Appeal No. 2000-0460
Application No. 08/444,584
__________
ON BRIEF1
__________
Before, WILLIAM F. SMITH, ROBINSON, and ADAMS, Administrative Patent
Judges.
ADAMS, Administrative Patent Judge.
VACATUR and REMAND TO THE EXAMINER
On consideration of the record we find this case is not in condition for a
decision on appeal. For the reasons that follow, we vacate2 the pending rejection
1 Pursuant to appellants request (Paper No. 31, received January 25, 1999) an oral
hearing for this appeal was scheduled for November 6, 2001. Appellants, however,
waived their request for oral hearing. See Paper No. 36, received August 8, 2001.
Accordingly, we considered this appeal on Brief.
2 Lest there be any misunderstanding, the term “vacate” in this context means to set
aside or to void. When the Board vacates an examiner’s rejection, the rejection is
set aside and no longer exists.
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