Ex Parte CAREY et al - Page 6



               Appeal No. 2001-2042                                                                                               
               Application No. 09/025,006                                                                                         
                      Upon return of this application, the examiner is advised to review those prior art                          
               references cited in Kaschmitter, column 1, lines 25-40 to determine whether they, together with                    
               Kaschmitter, affect the patentability of the claimed subject matter.                                               
                                                        CONCLUSION                                                                
                      For the reasons set forth above, we reverse the examiner’s Section 103 rejections and                       
               remand this application to the examiner to determine the patentability of the claimed subject                      
               matter therein based on the above-mentioned prior art references.                                                  
                      This application, by virtue of its “special” status, requires an immediate action.  Manual                  
               of Patent Examining Procedure § 708.01 (7th ed., rev. 1, February 2000).  It is important that the                 
               Board be informed promptly of any action affecting the appeal in this case.                                        


                                                  REVERSED/REMANDED                                                               




                                      CHUNG K. PAK                                  )                                             
                                      Administrative Patent Judge                   )                                             
                                                                                    )                                             
                                                                                    )                                             
                                                                                    )  BOARD OF PATENT                            
                                      THOMAS WALTZ                                  )            APPEALS                          
                                      Administrative Patent Judge                   )      AND                                    
                                                                                    )     INTERFERENCES                           
                                                                                    )                                             
                                                                                    )                                             
                                      ROMULO DELMENDO                               )                                             
                                      Administrative Patent Judge                   )                                             

               CKP/dal                                                                                                            

                                                                6                                                                 





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007