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for publication and is not binding precedent of the Board.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 CATALINA MARKETING INTERNATIONAL, INC.
____________
Appeal No. 2006-1585
Reexamination Control No. 90/005,888
____________
ON BRIEF
____________
Before McQUADE, SCHAFER and BARRETT, Administrative Patent Judges.
McQUADE, Administrative Patent Judge.
ORDER DISMISSING THE APPEAL AND REMANDING THE REEXAMINATION
PROCEEDING TO THE EXAMINER
This appeal involves a reexamination proceeding relating to U.S. Patent No. 6,014,634.
The record in the proceeding is in the form of an Image File Wrapper (IFW). The IFW shows
that:
a) on January 30, 2004, an examiner issued a final rejection in which claims 1-39 were
found to be patentable and/or confirmed and claims 40-49 were rejected;
b) on March 30, 2004, the patent owner filed a notice of appeal (the first appeal) to this
Board “from the decision dated JANUARY 30, 2004”;
c) on June 30, 2004, the patent owner submitted a brief in furtherance of the first appeal;
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