Ex parte CAPPS - Page 1




                                                                                                           Paper No. 37                                 


                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        

                                                                _____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                _____________                                                                           
                                                       Ex parte JAMES A. CAPPS                                                                          
                                                                _____________                                                                           
                                                           Appeal No. 97-2864                                                                           
                                                       Application 08/445,5921                                                                          
                                                               ______________                                                                           
                                                   ORDER REMANDING TO EXAMINER                                                                          
                                                              _______________                                                                           

                                   On February 2, 1996, appellant filed an "AMENDMENT                                                                   
                 PURSUANT TO 37 CFR 1.115" (Paper No. 28).  There is no                                                                                 
                 indication in the record of whether or not the examiner has                                                                            
                 entered the Amendment.  Further, the amendment has not been                                                                            
                 physically entered.                                                                                                                    
                                   Accordingly, it is                                                                                                   
                                   ORDERED that the application is remanded to the                                                                      
                 Examiner:                                                                                                                              



                          1Application for patent filed May 22, 1995.  According to                                                                     
                 appellant, the application is a continuation of Application                                                                            
                 07/467,604, filed January 19, 1990, abandoned.                                                                                         
                                                                           1                                                                            





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