Ex Parte DAVIS - Page 3




                Appeal No. 2002-1841                                                                            Page 3                   
                Application No. 08/363,966                                                                                               


                the examiner furnishes a supplemental answer, the appellant may file a reply brief in                                    
                accordance with 37 CFR § 1.193(b)(1).                                                                                    
                        If the examiner determines that the rejection under 35 U.S.C. § 251 is no longer                                 
                appropriate, the examiner should withdraw the rejection in an appropriate Office action.                                 
                                                           CONCLUSION                                                                    
                        This application, by virtue of its "special" status, requires immediate action, see                              
                MPEP § 708.01.                                                                                                           
                        If after action by the examiner in response to this remand there still remains                                   
                decision(s) of the examiner being appealed, the application should be promptly returned                                  
                to the Board of Patent Appeals and Interferences.                                                                        




                                    BRUCE H. STONER, JR.                                )                                                
                                    Chief Administrative Patent Judge                   )                                                
                                                                                        )                                                
                                                                                        )                                                
                                                                                        )                                                
                                                                                        ) BOARD OF PATENT                                
                                    GARY V. HARKCOM                                     )          APPEALS                               
                                    Vice Chief Administrative Patent Judge              )               AND                              
                                                                                        )  INTERFERENCES                                 
                                                                                        )                                                
                                                                                        )                                                
                                                                                        )                                                
                                    JEFFREY V. NASE                                     )                                                
                                    Administrative Patent Judge                         )                                                









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