Ex Parte O et al - Page 3

               Appeal 2007-0609                                                                           
               Application 09/814,010                                                                     

           1         The prior art relied upon by the Examiner in rejecting the claims on                 
           2   appeal is:                                                                                 
           3         DeLorme                  US 5,948,004            Sep. 7, 1999                       
           4         Cummings, Jr.             US 6,345,260 B1         Feb.  5, 2002                      
           5                                                                                              
           6         From our review of the record, we find that the application is not in                
           7   condition for decision on appeal for the reasons which follow.  Accordingly,               
           8   we remand the application to the Examiner to take appropriate action.                      
           9                                                                                              
          10                                     ISSUE                                                    
          11         A page is missing from the Examiner's Answer.                                        
          12                                                                                              
          13                            FINDINGS OF FACT                                                  
          14                                                                                             
          15         The Examiner's Answer includes pages numbered 1-7 and 9                              
          16   (excluding the Appendix).  Page 9 has been renumbered "8" in ink.                          
          17   However, the language at the end of page 7 does not correlate with the                     
          18   language at the top of page 9 (renumbered in ink as "8").                                  
          19                                                                                              
          20                                   ANALYSIS                                                   
          21         From the inconsistent language bridging the bottom of page 7 and the                 
          22   top of page 9, which had been renumbered as "8," we conclude that a page is                
          23   missing from the Examiner's Answer.  Correction is required.                               






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