Ex parte YOKOGAWA et al. - Page 11




          Appeal No. 95-2830                                                          
          Application No. 07/967,617                                                  

               The examiner is required to take appropriate action                    
          consistent with current examining practice and procedure in                 
          order to notify appellants of the examiner's position with                  
          regard to any rejection over Yokogawa which we have identified              
          above, or take other appropriate action consistent with this                
          decision and the issues presented herein.                                   


               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                                 




                                                       )                              
                                                       )  BOARD OF PATENT             
                         THOMAS A. WALTZ               )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       )  INTERFERENCES               
                                                       )                              
                         PAUL LIEBERMAN                     )                         
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