Ex parte SHU et al. - Page 8




          Appeal No. 95-0386                                                          
          Application No. 07/854,122                                                  


          an appropriate prior art rejection and provide appellants with              
          an opportunity to respond.                                                  
               For the reasons set forth in the body of this opinion, we              
          reverse the examiner's prior art and non-prior art rejections.              
          We remand this application to the examiner with instructions                
          to reevaluate the patentability of claims 1 through 24 in                   
          light of Warfield.                                                          
               This application, by virtue of its “special” status,                   
          requires immediate action.  See the Manual of Patent Examining              
          Procedure, § 708.01(d).  It is important that the Board of                  
          Patent Appeals and Interferences be informed promptly of any                
          action affecting the appeal in this case.                                   
                                REVERSED AND REMANDED                                 



                         SHERMAN D. WINTERS            )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         TEDDY S. GRON                 ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         TERRY J. OWENS                )                              
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