Ex Parte MILES 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                                  for publication and is not binding precedent of the Board.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. 12                   
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                   __________                                                       
                             BEFORE THE BOARD OF PATENT APPEALS                                                     
                                           AND INTERFERENCES                                                        
                                                   __________                                                       
                                            Ex parte ROBIN R. MILES,                                                
                             PHILLIP BELGRADER, and CHRISTOPHER K. FULLER                                           
                                                   __________                                                       
                                              Appeal No. 2003-1105                                                  
                                            Application No. 09/738,461                                              
                                                   __________                                                       
                                                    ON BRIEF                                                        
                                                   __________                                                       
                 Before ADAMS, MILLS and GREEN, Administrative Patent Judges.                                       
                 ADAMS, Administrative Patent Judge.                                                                


                                             DECISION ON APPEAL                                                     


                       Having reviewed the record in this appeal, we have determined that this                      
                 record is not in condition for decision on appeal.  Accordingly we remand the                      
                 application to the examiner to consider the following issues and to take                           
                 appropriate action.  Claims 1-9 are pending in the application.                                    












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