Ex Parte Barker et al - Page 6




               Appeal No. 2006-1754                                                                                                  
               Application No. 10/046,940                                                                                            

                                                         CONCLUSION                                                                  
                       This remand to the examiner pursuant to 37 CFR § 41.50(a)(1) is made for                                      
               further consideration of a rejection.  Accordingly, 37 CFR § 41.50(a)(2) applies if a                                 
               supplemental examiner’s answer is written in response to this remand by the Board.                                    
                       This remand includes an order to appellants pursuant to 37 CFR § 41.50(d),                                    
               contingent upon submission of a reply brief to a supplemental examiner’s answer                                       
               written in response to this remand or submission of any future brief relating to the                                  
               claimed subject matter of this appeal.                                                                                
                       This application, by virtue of its “special” status, requires an immediate action.                            
               See MPEP § 708.01.  It is important that the Board be informed promptly of any action                                 
               affecting the appeal in this case.                                                                                    


















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