Ex parte SMITH - Page 4


                     Appeal No. 95-2080                                                                                                                                                
                     Application 08/053,965                                                                                                                                            

                     antecedent basis in and further limit claim 1 and whether claims 6, 8 and 9 find antecedent basis in and                                                          
                     further limit claim 5, as claims 1 and 5 now stand of record (see supra note 2), as required by 35                                                                
                     U.S.C. § 112, second and fourth paragraphs.                                                                                                                       
                                We hereby remand this application to the examiner, via the Office of a Director of the                                                                 
                     Technology Center, for appropriate action in view of the above comments.                                                                                          
                                This application, by virtue of its “special” status, requires immediate action.  See MPEP      §                                                       
                     708.01(D) (7th ed., July 1998).                                                                                                                                   
                                                                     REVERSED and REMANDED                                                                                             
















                                                     CHARLES F. WARREN                                                )                                                                
                                                     Administrative Patent Judge                                      )                                                                
                                                                                                                      )                                                                
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                                                                                                                      )                                                                
                                                     TERRY J. OWENS                                                   )    BOARD OF PATENT                                             
                                                     Administrative Patent Judge                                      )         APPEALS AND                                            
                                                                                                                      )       INTERFERENCES                                            
                                                                                                                      )                                                                
                                                                                                                      )                                                                
                                                     PAUL LIEBERMAN                                                   )                                                                
                                                     Administrative Patent Judge                                      )                                                                


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