Ex Parte Blankenship 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        written for publication and is not binding precedent of the Board.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. 17          

                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    __________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    __________                                      
                        Ex parte ROBERT MITCHELL BLANKENSHIP                        
                                        and                                         
                                JAMES KEITH BARDMAN                                 
                                    __________                                      
                                Appeal No. 2003-0675                                
                             Application No. 09/789,388                             
                                    ___________                                     
                                      ON BRIEF                                      
                                    ___________                                     

         Before PAK, WALTZ, and DELMENDO, Administrative Patent Judges.             
         DELMENDO, Administrative Patent Judge.                                     

                               REMAND TO THE EXAMINER                               
              We remand this application to the examiner for further                
         action and consideration not inconsistent with our opinion                 
         below.  37 CFR §§ 1.196(a) and 1.193(b)(1) (1989, 2000).                   
              As an attachment to a paper captioned “APPELLANT’S REPLY TO           
         EXAMINER’S ANSWER” (filed Nov. 6, 2002, paper 14), the                     
         appellants submitted new evidence in the form of “Fillers,” in             
         10 Kirk-Othmer Encyclopedia of Chemical Technology 745, 748, 761           







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