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for publication and is not binding precedent of the Board.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 STEVEN D. BURCH and JOHN C. FAGLEY
__________
Appeal 2007-0704
Application 10/623,674
Technology Center 1700
___________
REMAND TO THE EXAMINER
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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 September 7, 2005. References to Grasso et al. (US
2001/0004500), Bloomfield (3,982,962), Beshty et al. (4,670,359), Towler et al.
(6,375,924), Clawson et al. (US 2002/0004152 A1), Buswell et al. (5,360,679),
Okada et al. (5,302,470), Van Dine et al. (6,331,366), Hallum et al. (US
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