Ex Parte Luu et al - Page 9


                 Appeal No.  2006-1222                                                         Page 9                  
                 Application No.  10/141,442                                                                           
                        Accordingly, we vacate the rejections and remand the application to the                        
                 examiner for further consideration.  Upon receipt of the administrative file, we                      
                 encourage the examiner to take a step back and reconsider the claims together                         
                 with the prosecution history and relevant prior art.  If, after having the opportunity                
                 to reconsider the record, the examiner finds that a rejection is necessary, the                       
                 examiner should clearly articulate the basis for any ground of rejection on the                       
                 record being careful to insure that every limitation of each claim is accounted for.                  



                                             VACATED & REMANDED                                                        


                                                                         )                                             
                                      Donald E. Adams   )                                                              
                                      Administrative Patent Judge )                                                    
                                                                         )                                             
                                                                         ) BOARD OF PATENT                             
                                                                         )                                             
                                      Demetra J. Mills   )      APPEALS AND                                            
                                      Administrative Patent Judge )                                                    
                                                                         )   INTERFERENCES                             
                                                                         )                                             
                                                                         )                                             
                                      Lora M. Green   )                                                                
                                      Administrative Patent Judge )                                                    


                 DEA/jlb                                                                                               













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