Ex parte CUNNINGHAM et al. - Page 2




          Appeal No. 1997-0135                                                        
          Application No. 08/308,223                                                  


          appellants simply request that we remand the present                        
          application to the examiner such that amendments may be                     
          considered for obviating the § 112 rejections that were                     
          sustained in our decision.  Appellants have attached a                      
          proposed amendment to their request.                                        
               We will grant appellants' request and hereby remand this               
          application to the examiner to entertain appropriate                        
          amendments by appellants.                                                   
               No time period for taking any subsequent action in                     
          connec-tion with this appeal may be extended under                          
          37 CFR § 1.136(a).                                                          
               This application, by virtue of its “special” status,                   
          requires immediate action.  See the Manual of Patent Examining              
          Procedure, § 708.01 (7th ed., July 1998).  It is important                  
          that the Board of Patent Appeals and Interferences be informed              
          promptly of any action affecting the appeal in this case.                   
                                GRANTED AND REMANDED                                  


                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         JOAN ELLIS                    ) BOARD OF PATENT              
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