Ex parte BADASH et al. - Page 9




                 Appeal No. 98-1293                                                                                       Page 9                        
                 Application No. 08/418,833                                                                                                             


                 did not consider any of the references that the appellant                                                                              
                 brought to the PTO’s attention.                         4                                                                              
                          This application is remanded to the examiner so that the                                                                      
                 references brought to the attention of the PTO by the appellant                                                                        
                 can be considered with regard to the pending claims.  We note                                                                          
                 with interest U.S. Patent No. 4,860,387 (Williams), which would                                                                        
                 appear to be relevant to the claims directed to a system for                                                                           
                 decorating textile material.                                                                                                           


                                                                      SUMMARY                                                                           
                          Neither rejection is sustained.                                                                                               
                          The decision of the examiner is reversed.                                                                                     
                          The application is remanded to the examiner for                                                                               
                 consideration of the references cited by the appellant in the                                                                          
                 Information Disclosure Statement.                                                                                                      






                          437 CFR 1.97(b)(3) provides that the examiner shall                                                                           
                 consider an information disclosure statement if it is received                                                                         
                 before the mailing date of a first office action on the                                                                                
                 merits.                                                                                                                                







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