Ex Parte ALLEMAN 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                   for publication and is not binding precedent of the Board.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. 27         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                     Ex parte GEORGE M. ALLEMAN JR., ROLAND ZEDER,                    
                                    and ALEX BALLY                                    
                                     ____________                                     
                                 Appeal No. 2003-1650                                 
                              Application No. 09/411,106                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before GARRIS, WALTZ, and PAWLIKOWSKI, Administrative Patent                
          Judges.                                                                     
          GARRIS, Administrative Patent Judge.                                        

                                REMAND TO THE EXAMINER                                
               The above identified application is hereby remanded to the             
          Examiner via the Office of the Director for Technology Center 1700          
          for appropriate action consistent with our comments below.                  
               On page 2 of the answer, the Examiner states that “[t]he               
          rejection of claims 2, 7, 11, 56, and 75 has been withdrawn.”               
          Although the Examiner has not specified the statutory basis of              
          the aforementioned “rejection,” it appears that only the § 103              
          rejection of the previously listed claims has been withdrawn.               




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