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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