Ex Parte DODGE et al - Page 1

                                                                             Paper No. 12                     

                           UNITED STATES PATENT AND TRADEMARK OFFICE                                          
                                BEFORE THE BOARD OF PATENT APPEALS                                            
                                           AND INTERFERENCES                                                  
                Ex parte JEFFREY A. DODGE, CHARLES A FROLIK, TERRY D. LINDSTROM,                              
                             CHARLES W. LUGAR, III and GILBERT S. STATEN                                      
                                            Appeal No. 1997-3042                                              
                                           Application 08/405,5551                                            
                                    ORDER REMANDING TO EXAMINER                                               
                   An Information Disclosure Statement was filed March 15, 1995 (Paper                        
            No. 1 1/2).  It is not apparent from the record that the examiner considered the                  
            statement submitted nor notified applicant of why his submission did not meet the                 
            criteria set forth in 37 CFR   1.97 and 1.98.                                                   
                   Accordingly, it is                                                                         
                   ORDERED that the application is remanded to the Examiner for such                          
            consideration of the Information Disclosure Statement and for such further action as              
            may be appropriate.                                                                               

                   1  Application for patent filed March 15, 1995.  According to the appellants, the          
            application is a division of Application 08/246,655, filed May 20, 1994.                          

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