Ex Parte Neumann et al - 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                         for publication and is not binding precedent of the Board.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 MANFRED NEUMANN, STEFFEN STRAACH, MARIO KRUG, and                                    
                                         NICOLAS SCHILLER                                                  
                                               __________                                                  
                                            Appeal 2007-0649                                               
                                         Application 10/480,791                                            
                                         Technology Center 1700                                            
                                              ___________                                                  
                                    REMAND TO THE EXAMINER                                                 
                                              ___________                                                  

                  This application was electronically received at the Board of Patent Appeals              
            and Interferences on December 14, 2006.  Upon review of the application, it has                
            been determined that a remand to the Examiner, via the Office of the Director of               
            the Technology Center, is necessary to consider the following issue and to take                
            necessary corrective action.                                                                   
                  The Examiner has failed to list all prior art relied upon in the rejections              
            currently on appeal under the heading “(8) Evidence Relied Upon” in the                        
            Examiner’s Answer mailed July 21, 2006.  The reference to Morgner et al. (DE                   
            196 12 345 C1) is noted in sections (9) and (10) of the Examiner’s Answer but not              





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