application because there is no appeal pending. Accordingly,4
the application is returned to the examiner for action not
inconsistent with the views expressed in our opinion entered
December 22, 2000 (Paper 18).
C. Order
Upon consideration of the record, and for the reasons
given, it is
ORDERED that the Board lacks jurisdiction.
FURTHER ORDERED that the application is returned to
the examiner for further action not inconsistent with the
views expressed in the Board's opinion entered December 22,
2000 (Paper 18).
______________________________
JAMESON LEE )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
SALLY GARDNER-LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
4The Board has jurisdiction to determine whether it has
jurisdiction. In this case, we hold that we do not have
jurisdiction; rather jurisdiction over the application is
presently before the Examiner.
5
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