Ex Parte Lowry - Page 1



                                   THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                    
                 The opinion in support of the decision being entered today                                                                        
                 (1) was not written for publication in a law journal and                                                                          
                 (2) is not binding precedent of the Board.                                                                                        



                                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                                    
                                                              _____________                                                                        
                                            BEFORE THE BOARD OF PATENT APPEALS                                                                     
                                                          AND INTERFERENCES                                                                        
                                                              _____________                                                                        
                                                    Ex parte ROBERT K. LOWRY                                                                       
                                                              _____________                                                                        
                                                        Appeal No. 2005-0894                                                                       
                                                     Application 09/949,7361                                                                       
                                                             ______________                                                                        
                                                                 ON BRIEF                                                                          
                                                            _______________                                                                        
                 Before THOMAS, MCQUADE, and PAK, Administrative Patent Judges.                                                                    
                 PAK, Administrative Patent Judge.                                                                                                 
                                                      REMAND TO THE EXAMINER                                                                       
                         This case is not ripe for meaningful review and is,                                                                       
                 therefore, remanded to the examiner for appropriate action                                                                        
                 consistent with the views expressed below.                                                                                        
                         At page 3 of the Answer, the examiner sets forth, inter                                                                   

                         1Application for patent filed September 10, 2001.                                                                         
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