Ex Parte Song et al - Page 1

                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                BEFORE THE BOARD OF PATENT APPEALS                                                      
                                             AND INTERFERENCES                                                          
                           Ex parte HONG SUNG SONG and SANG CHANG YUN                                                   
                                                 Appeal 2007-1975                                                       
                                          Application 10/322,770                                                        
                                              Technology Center 2600                                                    
                                             Decided: October 24, 2007                                                  

                     Before JOSEPH L. DIXON, ROBERT E. NAPPI, and                                                       
                     ST. JOHN COURTENANY III, Administrative Patent Judges.                                             
                     DIXON, Administrative Patent Judge.                                                                

                                             DECISION ON APPEAL                                                         
                 We REMAND and ORDER APPELLANT TO BRIEF THE ADDITIONAL                                                  
                        Rather than decide this appeal on the merits at this time we choose to                          
                 give Appellants a period of one month to address the obviousness-type                                  
                 double patenting rejection of claims 1-3, 5-9, and 11-13.  Claims 1-3, 5-9,                            
                 and 11-13 were provisionally rejected under the judicially created doctrine                            

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