Ex Parte Bunick et al - Page 8

                  Appeal No. 2006-0204                                                              Page 8                     
                  Application No. 09/896,052                                                                                   

                          On this record, we find that the application is not in condition for a decision                      
                  on appeal.  Accordingly, the rejection of claims 1-25 under 35 U.S.C. § 103(a) is                            
                  vacated, and the application is returned to the examiner to take appropriate                                 
                  action based on the issues discussed above.                                                                  
                                               VACATED and REMANDED                                                            







                                         Toni R. Scheiner   )                                                                  
                                         Administrative Patent Judge )                                                         
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                                                                              ) BOARD OF PATENT                                
                                         Demetra J. Mills   )                                                                  
                                         Administrative Patent Judge )   APPEALS AND                                           
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                                         Lora M. Green   )                                                                     
                                         Administrative Patent Judge )                                                         


















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