Ex Parte Brask 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                                      today was not written for publication and is not binding                                                    
                                      precedent of the Board.                                                                                     
                                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                                   
                                                              _______________                                                                     
                                            BEFORE THE BOARD OF PATENT APPEALS                                                                    
                                                          AND INTERFERENCES                                                                       
                                                              _______________                                                                     
                                                        Ex parte JUSTIN K. BRASK                                                                  
                                                      and ROBERT B. TURKOT, JR.                                                                   
                                                              ______________                                                                      
                                                           Appeal No. 2006-0286                                                                   
                                                           Application 10/272,624                                                                 
                                                              _______________                                                                     
                                                                  ON BRIEF                                                                        
                                                              _______________                                                                     
                 Before GARRIS, WARREN and WALTZ, Administrative Patent Judges.                                                                   
                 WARREN, Administrative Patent Judge.                                                                                             
                                                      REMAND TO THE EXAMINER                                                                      
                         We remand the application to the examiner for consideration and explanation of issues                                    
                 raised by the record.  37 CFR §41.50(a)(1) (2005); Manual of Patent Examining Procedure                                          
                 (MPEP) § 1211 (8th ed., Rev. 3, August 2005).                                                                                    
                         The record shows that the examiner rejected appealed claim 15 under 35 U.S.C. § 103(a)                                   
                 as being unpatentable over Hembree et al. and the admitted prior art at page 1 of appellants’                                    
                 specification as applied to claim 11, further in view of Rabkin et al. in the final rejection mailed                             
                 December 23, 2004 (page 3), and maintained this ground of rejection in the answer (page 4).                                      
                         Appellants state in the brief that the present appeal includes appealed claim 15 (page 5),                               
                 but do not include the above ground of rejection among the grounds for review on appeal (page                                    
                 9) and do not argue the ground (page 10; reply brief, pages 1-2).                                                                








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