Ex Parte Fecteau et al - Page 12



                Appeal No. 2006-0178                                                                                                            
                Application No. 09/877,188                                                                                                      

                         Under these circumstances, we hereby remand this application to the examiner for the                                   
                additional purpose of addressing and resolving on the written record whether independent claim                                  
                52 should be rejected under 35 U.S.C. § 103(a) as being unpatentable over Christensen in view                                   
                of the appellants’ admitted prior art.                                                                                          


                                                                SUMMARY                                                                         
                         The decision of the examiner is reversed.                                                                              
                         This application is remanded to the examiner.                                                                          
                                                    REVERSED AND REMANDED                                                                       






                                 Bradley R. Garris     )                                                                                        
                                 Administrative Patent Judge   )                                                                                
                                                                                    )                                                           
                                                                                    )                                                           
                                                                                    ) BOARD OF PATENT                                           
                                 Charles E. Frankfort    ) APPEALS AND                                                                          
                                 Administrative Patent Judge   ) INTERFERENCES                                                                  
                                                                                    )                                                           
                                                                                    )                                                           
                                                                                    )                                                           
                                 Jeffrey V. Nase    )                                                                                           
                                 Administrative Patent Judge   )                                                                                



                BRG/cam                                                                                                                         




                                                                      12                                                                        



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007