Ex Parte Skszek et al - Page 1



             The opinion in support of the decision being entered today was         
             not written for publication and is not precedent of the Board.         

                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    ____________                                    

                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    ____________                                    

                             Ex parte TIMOTHY W. SKSZEK,                            
                        MATHEW T.J. LOWNEY and DWIGHT MORGAN                        
                                    ____________                                    

                               Appeal No. 2004-1949                                 
                             Application No. 09/851,601                             
                                    ____________                                    
                                      ON BRIEF                                      
                                    ____________                                    

         Before KRATZ, DELMENDO and PAWLIKOWSKI, Administrative Patent              
         Judges.                                                                    
         PAWLIKOWSKI, Administrative Patent Judge.                                  

                               REMAND TO THE EXAMINER                               
         Pursuant to our authority under 37 CFR § 41.50(a)(1), we remand            
         this application to the examiner for consideration of the issues           
         set forth below.                                                           
         On pages 3-4 of the brief, appellants state that they filed                
         a petition to have claims 6-10 (which have been withdrawn by the           
         examiner), to be examined with claims 1-5.  On page 10 of the              




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