Ex Parte Rumsey et al - Page 2




         Appeal No. 2006-2803                                                       
         Application No. 10/421,079                                                 

              Yet, while the examiner includes claim 69 in the currently            
         pending claims, there is no outstanding rejection of this claim            
         either in the answer or in the final rejection, and there is no            
         indication that this claim has been withdrawn, allowed, or                 
         objected to.                                                               
              This application is hereby remanded to the examiner to                
         provide the status of claim 69 and, if such claim stands                   
         rejected, the grounds for such rejection shall be set forth and            
         the specific rationale therefor presented.                                 
              It is important that the Board of Patent Appeals and                  
         Interferences be promptly informed of any action affecting the             
         appeal in this case.                                                       
              This application, by virtue of its “Special” status,                  
         requires an immediate action.  MPEP § 708.01.                              

















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