The opinion in support of the decision being entered today is not binding
precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte WALTER H. WHITLOCK
____________
Appeal 2007-0630
Application 10/643,597
Technology Center 1700
____________
Decided: July 30, 2007
____________
Before EDWARD C. KIMLIN, PETER F. KRATZ, and LINDA M.
GAUDETTE, Administrative Patent Judges.
KRATZ, Administrative Patent Judge.
ORDER REMANDING TO THE EXAMINER
This case is not ripe for review and pursuant to 37 C.F.R. § 41.50(a)
(2004), we remand this application to the Examiner to take appropriate
action consistent with our comments below.
Any initial inquiry into the propriety of the Examiner’s prior art
rejections requires the determination of the scope of the claimed subject
matter. In re Paulsen, 30 F.3d 1475, 1479, 31 USPQ2d 1671, 1674 (Fed.
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