Ex Parte NASU et al - Page 1




                        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                        written for publication and is not binding precedent of the Board.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.  24                   
                             UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                    __________                                                       
                                  BEFORE THE BOARD OF PATENT APPEALS                                                 
                                              AND INTERFERENCES                                                      
                                                    __________                                                       
                              Ex parte HISANORI NASU, YOSHITAKA NAKAMURA,                                            
                                   HITOSHI FUJIMIYA and KENJI YAMAMOTO                                               
                                                    __________                                                       
                                              Appeal No.  1999-0329                                                  
                                            Application No. 08/212,818                                               
                                                    __________                                                       
                                                     ON BRIEF                                                        
                                                    __________                                                       
                 Before WINTERS, ADAMS, and GRIMES, Administrative Patent Judges.                                    
                 ADAMS, Administrative Patent Judge.                                                                 

                                  VACATUR and 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 vacate1 the pending                            
                 rejections under 35 U.S.C. § 103 and remand the application to the examiner to                      
                 consider the following issues and to take appropriate action.                                       





                                                                                                                     
                 1 Lest there be any misunderstanding, the term “vacate” in this context means to                    
                 set aside or to void.  When the Board vacates an examiner’s rejection, the                          
                 rejection is set aside and no longer exists.                                                        





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