Ex Parte Gnade et al - Page 1



                 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                 written for publication and is not binding precedent of the Board.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 BRUCE A. GNADE and ROBERT M. WALLACE                                            
                                         ____________                                                          
                                    Appeal No. 2006-0502                                                       
                                 Application No. 10/051,970                                                    
                                         ____________                                                          
                                           ON BRIEF                                                            
                                         ____________                                                          
          Before WARREN, WALTZ and KRATZ, Administrative Patent Judges.                                        
          KRATZ, Administrative Patent Judge.                                                                  


                                  REMAND TO THE EXAMINER                                                       
                On consideration of the record, we determine that the above-                                   
          identified application is not ready for a decision on appeal                                         
          under 35 U.S.C. § 134 (2003).  Accordingly, we remand this                                           
          application to the examiner for further consideration and action                                     
          not inconsistent with our opinion below.  37 CFR                                                     
          § 41.50(a)(1) (effective September 13, 2004, 69 Fed. Reg. 49960                                      
          (August 12, 2004), 1286 Off. Gaz. Pat. Office 21 (September 7,                                       
          2004)).                                                                                              














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