Ex Parte Mori - Page 1




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                             publication and is not binding precedent of the Board.                                   

                               UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                    ____________                                                      
                                    BEFORE THE BOARD OF PATENT APPEALS                                                
                                                AND INTERFERENCES                                                     
                                                    ____________                                                      
                                              Ex parte TOMIYA MORI                                                    
                                                    ____________                                                      
                                              Appeal No. 2006-0849                                                    
                                          Application No. 09/945,764                                                  
                                                    ____________                                                      

                                                      ON BRIEF                                                        
                                                    ____________                                                      

             Before WALTZ, JEFFREY T. SMITH, and FRANKLIN, Administrative Patent                                      
             Judges.                                                                                                  
             WALTZ, Administrative Patent Judge.                                                                      
                                                                                                                     
                                            REMAND TO THE EXAMINER                                                    
                    Upon review of the image file wrapper record for this application, we determine that              
             this appeal is not ready for decision at this time.  Accordingly, pursuant to the authority and          
             provisions of 37 CFR § 41.50(a)(1)(2004), we remand this application to the jurisdiction of              
             the examiner to take action consistent with the following remarks.                                       
                    This application involves an appeal under 35 U.S.C. § 134 from the primary                        
             examiner’s final rejection of claims 1 through 19, which are the only claims pending in this             
             application.                                                                                             








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