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for publication and is not binding precedent of the Board.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. 51
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte ULRICH STACHE,
HANS-GEORG ALPERMANN,
WALTER DURCKHEIMER, and
MANFRED BOHN
__________
Appeal No. 2003-1034
Application No. 08/897,455
__________
HEARD: October 23, 2003
__________
Before ADAMS, MILLS, and GREEN, Administrative Patent Judges.
GREEN, Administrative Patent Judge.
VACATUR AND REMAND TO THE EXAMINER
On consideration of the record, we find that this case is not susceptible to
meaningful review and is thus not in condition for a decision on appeal.
Accordingly, we vacate the pending rejection and remand the application to the
examiner to consider the issues discussed herein and take appropriate action not
inconsistent with the views expressed herein. Lest there be any
misunderstanding, the term “vacate” in this context means to set aside or void.
When the Board vacates an examiner’s rejection, the rejection is set aside and
no longer exists. Cf. Ex parte Zambrano, 58 USPQ2d 1312, 1313 (Bd. Pat. App.
& Int. 2001).
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