Ex Parte Luu et al - 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                                   for publication and is not binding precedent of the Board.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 PHUNONG VAN LUU,                                                   
                                                  DAVID W. WHITE,                                                      
                                               JACOB H. PROPP, and                                                     
                                                  BRIAN J. SCHUH                                                       
                                                     __________                                                        
                                               Appeal No.  2006-1222                                                   
                                             Application No.  10/141,442                                               
                                                     __________                                                        
                                                     ON BRIEF                                                          
                                                     __________                                                        
                 Before ADAMS, MILLS and GREEN, 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 vacate1 the pending                              
                 rejections and remand the application to the examiner to consider the following                       
                 issues and to take appropriate action.                                                                





                                                                                                                       
                 1 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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