Ex Parte Silvestro et al - Page 4



             Appeal 2006-2289                                                                                      
             Application 10/812,266                                                                                
                    The Examiner shall make findings of fact and conclusions of law with                           
             respect to the Figures 7 and 8 embodiment of Mayer and whether the washer 702                         
             along with the screw 608 would have rendered the subject matter of claims 1, 2,                       
             and 9 prima facie obvious to one of ordinary skill.                                                   

                                         CONCLUSION AND ORDER                                                      
                    The rejection of claims 1, 2, and 9 is reversed.  The application is remanded                  
             to the Examiner for findings of fact and conclusions of law with respect to the                       
             Mayer reference.                                                                                      
                    This remand to the Examiner pursuant to 37 C.F.R. § 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 made for further consideration of a rejection.                      
             Accordingly, 37 C.F.R. § 41.50(a)(2) applies if a Supplemental Examiner’s                             
             Answer is written in response to this Remand by the Board.                                            
                                                                                                                  
                                          REVERSED; REMANDED                                                       

                                                                                                                  

             jlb                                                                                                   
             GUERIN & RODRIGUEZ, LLP                                                                               
             5 MT. ROYAL AVE.                                                                                      
             MARLBORO MA 01752                                                                                     


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