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for publication and is not binding precedent of the Board.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 FRANK J. BUNICK, JOHN J. BURKE,
TIMOTHY P. GILMOR and MICHELLE PAPALINI
__________
Appeal No. 2006-0204
Application No. 09/896,052
__________
ON BRIEF
__________
Before SCHEINER, MILLS and GREEN, Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
ON REMAND TO THE EXAMINER
This appeal involves claims to a texture masking oral dosage form. On
consideration of the record, we find that this case is not in condition for a decision
on appeal. Accordingly, we vacate the pending rejection under 35 U.S.C. § 103
and remand the application to the examiner to consider the following issues and
to take appropriate action.1
1 The term “vacate” in this context means to set aside or to void. When the
Board vacates an examiner’s rejection, the rejection is set aside and no longer
exists.
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