Ex Parte Aoki - Page 1




          The opinion in support of the remand 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                    publication and is not binding precedent of the Board.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 MASASHI AOKI                                 
                                   ______________                                     
                                Appeal No. 2006-0281                                  
                              Application 10/442,950                                  
                                   _______________                                    
                                   ON BRIEF                                           
                                   _______________                                    
          Before FRANKFORT, OWENS, and LEVY,  Administrative Patent Judges.           
          LEVY, Administrative Patent Judge.                                          

                              REMAND TO THE EXAMINER                                  
               Our consideration of the record leads us to conclude that              
          this application is not in condition for a decision on appeal.              
          Accordingly, we remand the application to the examiner to                   
          consider the following issues and to take appropriate action.               

                                     DISCUSSION                                       
          In the final rejection, the examiner indicates (page 2) that                
          “[c]laims 3-6 stand rejected under 35 U.S.C. § 103(a) as obvious            
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