____________
Before WINTERS, WILLIAM F. SMITH, and GRON, Administrative
Patent Judges.
GRON, Administrative Patent Judge.
DECISION ON APPEAL UNDER 35 U.S.C. § 134
This is an appeal under 35 U.S.C. § 134 from an
examiner’s final rejection of Claims 2 and 6-9.
On consideration of the record of this case in its
entirety, it is hereby ORDERED that
the examiner’s final rejections in this case are
VACATED, and that
this application is REMANDED to the examiner for
further action consistent with the following opinion.
1. Introduction
Claims 1-9 are pending in this application. In
accordance with 37 CFR § 1.142(b), Claims 1 and 3-5 have been
withdrawn from further consideration by the examiner as
directed to non-elected subject matter under a restriction
requirement. Claims 2 and 6-9 stand rejected as unpatentable
under 35 U.S.C. § 101 purportedly as drawn to subject matter
without practical utility and under
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