Ex Parte SPAULDING - Page 1





                    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                              for publication and is not binding precedent of the Board.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 GLENN F. SPAULDING                                                          
                                                     ______________                                                             
                                                    Appeal 2006-3206                                                            
                                                  Application 09/550,276                                                        
                                                 Technology Center 1600                                                         
                                                    _______________                                                             
                                              Decided:  September 28, 2006                                                      
                                                    _______________                                                             
                  Before PAK, WARREN, and JEFFREY T. SMITH, Administrative Patent                                               
                  Judges.                                                                                                       
                  WARREN, Administrative Patent Judge.                                                                          

                                            REMAND TO THE EXAMINER                                                              
                          We remand the application to the examiner for consideration and                                       
                  explanation of issues raised by the record.  37 C.F.R. §41.50(a)(1) (2006);                                   
                  Manual of Patent Examining Procedure (MPEP) § 1211 (8th ed., Rev. 3,                                          
                  August 2005).                                                                                                 
                          We initially note that in spite of two Orders entered by this Board on                                
                  August 2, 2005 and March 7, 2006, the Examiner did not include the proper                                     






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