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for publication and is not binding precedent of the Board.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 SIMON C. BURTON, DAVID R.K. HARDING,
NATHANIEL T. BECKER, BEN A. BULTHUIS,
and LANDON M. STEELE
__________
Appeal No. 2005-13441
Application No. 08/468,610
__________
HEARD: November 15, 2005
__________
Before ELLIS, SCHEINER, and ADAMS, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
VACATUR and REMAND TO THE EXAMINER
On consideration of the record, we find this case is not in condition for a
decision on appeal. We recognize that the application on appeal has been
pending for more than nine years. However, for the following reasons, and as
admitted by appellants’ representative during the November 15, 2005 Oral
Hearing, the examiner and appellants have not had a “meeting of the minds” on
how to interpret the claimed invention. We remind the examiner and appellants
that analyzing claims based on “speculation as to meaning of the terms
employed and assumptions as to the scope of such claims” is legal error. In re
1 This application is a divisional of Application No. 08/268,178, filed June 29, 1994. The subject
matter on appeal is related to copending Appeal No. 2005-1443 (Application No. 08/654,937),
which is a continuation of Application No. 08/268,178. Accordingly, we have considered Appeal
Nos. 2005-1443 and 2005-1344 together.
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