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for publication and is not binding precedent of the Board.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. 20
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte YOSHITSUGI HOKAMA, JOANNE S.M. EBESU,
WARREN E. TAKENAKA, ROBERT E. BOURKE, and PATRICK K. SULLIVAN
____________
Appeal No. 2002-0426
Application No. 09/115,797
____________
ON BRIEF
____________
Before ADAMS, GREEN and SCHEINER, 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. § 102(b) and § 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.
Therefore the issues set forth herein cannot be satisfied by a Supplemental Examiner’s Answer. See Ex
parte Zambrano, 58 USPQ2d 1312, 1313 (Bd. Pat. App. & Int. 2000).
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