The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 JAMES R. LUPSKI, CORNELIUS F. BOERKOEL III and HIROSHI TAKASHIMA __________ Appeal No. 2006-0298 Application No. 10/021,955 __________ HEARD: February 7, 2006 __________ Before ADAMS, MILLS and GREEN, Administrative Patent Judges. GREEN, Administrative Patent Judge. VACATUR AND REMAND TO THE EXAMINER On consideration of the record, we find that this case is not susceptible to meaningful review and is thus not in condition for a decision on appeal. Accordingly, we vacate the pending rejections and remand the application to the examiner to consider the issues discussed herein and take appropriate action not inconsistent with the views expressed herein. Lest there be any misunderstanding, the term “vacate” in this context means to set aside or void. When the Board vacates an examiner’s rejection, the rejection is set aside andPage: 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007