Appeal 2007-0112
Application 09/892,790
1 appreciate how Nepela is believed to anticipate the claims after we receive
2 what we expect will be valuable input from the Examiner.
3
4 C. Order
5 Upon consideration of the record on appeal, and for the reasons given,
6 it is
7 ORDERED that the appeal is remanded to the Examiner for
8 action not inconsistent with views expressed in this opinion.
9 FURTHER ORDERED that except as otherwise expressly
10 provided herein, the Board retains jurisdiction over the appeal.
11 FURTHER ORDERED that within one (1) month of the date
12 the Examiner enters a response to this remand, Appellants may file a paper
13 (not to exceed 10 pages) addressing the Examiner’s response.
14 FURTHER ORDERED that oral argument scheduled for
15 21 February 2007 is cancelled and will be reset in due course.
16 FURTHER ORDERED that, unless otherwise ordered, the
17 provisions of 37 C.F.R. § 1.136(a) (2006) are not applicable to further
18 proceedings involving the application on appeal.
19
20 McK/lp
21
22 cc (via First Class Mail):
23
24 Robert E. Bushnell, Esq.
25 1522 “K” Street, N.W., Suite 300
26 Washington, D.C. 20005
27
28 Tel: 202-408-9040
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Last modified: September 9, 2013