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for publication and is not binding precedent of the Board.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. 23
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte OSCAR J. LLORIN,
MATTHEW P. COLLIS,
MICHAEL C. LITTLE, and
JAMES M. HARRIS
__________
Appeal No. 2002-0780
Application No. 09/128,340
__________
ON BRIEF
__________
Before, ADAMS, MILLS and GREEN, 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 rejection
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. Ex parte Zambrano, 58 USPQ2d 1312, 1313 (Bd. Pat. App. & Int. 2001).
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