Ex Parte Park et al - Page 5

               Appeal 2007-0112                                                                        
               Application 09/892,790                                                                  
          1    appreciate how Nepela is believed to anticipate the claims after we receive             
          2    what we expect will be valuable input from the Examiner.                                
          3                                                                                            
          4          C.  Order                                                                         
          5          Upon consideration of the record on appeal, and for the reasons given,            
          6    it is                                                                                   
          7                ORDERED that the appeal is remanded to the Examiner for                     
          8    action not inconsistent with views expressed in this opinion.                           
          9                FURTHER ORDERED that except as otherwise expressly                          
         10    provided herein, the Board retains jurisdiction over the appeal.                        
         11                FURTHER ORDERED that within one (1) month of the date                       
         12    the Examiner enters a response to this remand, Appellants may file a paper              
         13    (not to exceed 10 pages) addressing the Examiner’s response.                            
         14                FURTHER ORDERED that oral argument scheduled for                            
         15    21 February 2007 is cancelled and will be reset in due course.                          
         16                FURTHER ORDERED that, unless otherwise ordered, the                         
         17    provisions of 37 C.F.R. § 1.136(a) (2006) are not applicable to further                 
         18    proceedings involving the application on appeal.                                        
         19                                                                                            
         20    McK/lp                                                                                  
         21                                                                                            
         22    cc (via First Class Mail):                                                              
         23                                                                                            
         24    Robert E. Bushnell, Esq.                                                                
         25    1522 “K” Street, N.W., Suite 300                                                        
         26    Washington, D.C.  20005                                                                 
         27                                                                                            
         28    Tel:  202-408-9040                                                                      



                                                  5                                                    


Page:  Previous  1  2  3  4  5

Last modified: November 3, 2007