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for publication and is not binding precedent of the Board.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 STEVEN CURTIS ZICKER, CHADWICK E. DODD
DENNIS JEWELL, and DALE A. FRITSCH
__________
Appeal No. 2006-2463
Application No. 10/065,326
__________
ON BRIEF
__________
Before MILLS, GREEN, and LEBOVITZ, Administrative Patent Judges.
MILLS, 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.
Claims 1-7 and 9-11 are on appeal. Claim 8 has been withdrawn from
consideration by the examiner.
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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Last modified: November 3, 2007