Ex Parte 4625491 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                                        and is not binding precedent of the Board.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 FRANKLIN E. GIBSON1                                                  
                                                      __________                                                         
                                                 Appeal No.  2006-0695                                                   
                                             Reexamination No.  90/006,063                                               
                                                      __________                                                         
                                                       ON BRIEF                                                          
                                                      __________                                                         
                 Before HANLON, LANE, and MEDLEY, Administrative Patent Judges.                                          
                 LANE, Administrative Patent Judge.                                                                      

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








                                                                                                                        
                 1  The owner and licensee of the patent under reexamination is said to be Tate Access Floors            
                 Leasing, Inc. and Tate Access Floors, Inc.  (Appeal Brief at 1).                                        





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