The opinion in support of the decision being entered today was not written for publication and is not
binding precedent of the Board.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. 19
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte PHILIPPE CROS, ABDELHAMID ELAISSARI,
CLAUDE MABILAT, CHRISTIAN PICHOT,
MARC RODRIGUE, and LISE SANTORO
__________
Appeal No. 2001-0499
Application No. 08/945,731
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HEARD: March 19, 2002
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Before WILLIAM F. SMITH, SCHEINER, and GREEN, Administrative Patent Judges.
WILLIAM F. SMITH, Administrative Patent Judge.
VACATUR AND REMAND TO EXAMINER
Having considered the record and listening to oral argument, we conclude that
this case is not in condition for a decision on appeal. Accordingly, we vacate the
examiner’s rejection and remand the application for the examiner to take appropriate
action.
Claim 3 is representative of the subject matter on appeal reads as follows:
3. Process for the isolation in aqueous phase of a nucleic material present in a
sample by adsorption of said nucleic material onto a particulate support, comprising:
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