Ex Parte Zicker et al - Page 5




            Appeal No. 2006-2463                                                                             
            Application No. 10/065,326                                                                       
            being careful to insure that every limitation of each claim is accounted for.                    

                   This remand to the examiner pursuant to 37 CFR ' 41.50(a)(1) (effective                   
            September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat. Office             
            21 (September 7, 2004)) is not made for further consideration of a rejection.                    
            Accordingly, 37 CFR ' 41.50(a)(2) does not apply.                                                

                   This application, by virtue of its “special” status, requires an immediate action.        
            MPEP § 708.01(D) (8th ed., rev. 1, February 2003).  It is important that the Board be            
            informed promptly of any action affecting the appeal in this case.                               

                                          VACATE AND REMAND                                                  


                                                                      )                                      
                                Demetra J. Mills    )                                                        
                                Administrative Patent Judge  )                                               
                                                                      )                                      
                                                                      )                                      
                                                                      ) BOARD OF PATENT                      
                                Lora M. Green    )                                                           
                                Administrative Patent Judge  )   APPEALS AND                                 
                                                                      )                                      
                                                                      ) INTERFERENCES                        
                                                                      )                                      
                                Richard Lebovitz    )                                                        
                                Administrative Patent Judge  )                                               







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