Ex parte KATZ - Page 2




              Appeal No. 96-2366                                                                                           
              Application 08/076,824                                                                                       



              WILLIAM F. SMITH, Administrative Patent Judge.                                                               

                                            REMAND TO THE EXAMINER                                                         
                     Our review of the record in this application leads us to conclude that this case is not               
              in condition for a decision on appeal.  Accordingly, we remand the application to the                        
              examiner to consider the following issues and to take appropriate action.                                    


                                 Circumstances Surrounding Filing of This Application                                      
                     The examiner should clarify the following matters:                                                    
              1.  Parent Application 07/803,234 lists three inventors, Katz, Chang, and Nacht.  The                        
              request under 37 CFR  1.62 for filing a file wrapper continuing application submitted on                    
              June 14, 1993, by counsel first indicates an intent to file this application as a continuation-              
              in-part of Application 07/803,234, which names “Martin A. Katz et al.” as inventors.  For                    
              reasons not clear from this record, the administrative records of the Patent and Trademark                   
              Office list only Martin A. Katz as the inventor of this application.  Counsel was made aware                 
              of this fact in that the official filing receipt received from the Patent and Trademark Office is            
              a copy of the information which appears on the front of the administrative file and names                    
              Katz as the sole inventor of this application.                                                               




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