Ex Parte Ota et al - Page 5

                 Appeal 2006-1736                                                                                         
                 Application 10/471,180                                                                                   

                 matter discussed above, with a view toward placing this application in                                   
                 condition for decision on appeal with respect to the issues presented.                                   
                         This Remand is made for the purpose of directing the Examiner to                                 
                 further consider the ground of rejection advanced on appeal.  Accordingly, if                            
                 the Examiner submits a Supplemental Answer to the Board in response to                                   
                 this Remand, “appellant must within two months from the date of the                                      
                 supplemental examiner’s answer exercise one of” the two options set forth in                             
                 37 C.F.R. § 41.50(a)(2) (2005), “in order to avoid sua sponte dismissal of                               
                 the appeal as to the claims subject to the rejection for which the Board has                             
                 remanded the proceeding,” as provided in this rule.                                                      
                         We hereby remand this application to the Examiner, via the Office of                             
                 a Director of the Technology Center, for appropriate action in view of the                               
                 above comments.                                                                                          


                                                     REMANDED                                                             





                 sld                                                                                                      


                 SUGHRUE MION, PLLC                                                                                       
                 2100 PENNSYLVANIA AVENUE, NW                                                                             
                 WASHINGTON, DC  20037                                                                                    



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