The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 14
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte KEVIN J. PHILLIPS and GILBERT W. COLE
__________
Appeal No. 2001-0931
Application No. 09/104,476
__________
ON BRIEF
__________
Before, WINTERS, SCHEINER, and ADAMS, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
REMAND TO THE EXAMINER
On consideration of the record we find this case is not in condition for a
decision on appeal. For the reasons that follow, we remand the application to
the examiner to consider the following issues and to take appropriate action.
This appeal under 35 U.S.C. § 134 is from the examiner’s final rejection of
claims 1-9, which are all the claims pending in the application.1 Claims 1, 3 and
5 are illustrative of the subject matter on appeal and are reproduced below:
1. A test strip for use with a photometer for determining blood glucose
concentration from a blood sample, said strip comprising:
a substrate having a top surface and an opposing bottom
surface, said substrate having an aperture formed therethrough,
1 We note appellants’ statement (Brief, page 1) that no claims are canceled and that claims 10-20
are withdrawn from consideration. This statement is in error. Claims 10-20 were canceled by
appellants’ amendment received December 30, 1999 (Paper No. 5).
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