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written for publication and is not binding precedent of the Board.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 LESEK ZALUSKI, ALICJA ZALUSKA and JONN Q. STROM-OLSEN
______________
Appeal No. 2006-0867
Application No. 10/257,943
______________
ON BRIEF
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Before GARRIS, JEFFREY T. SMITH and FRANKLIN, Administrative Patent Judges.
JEFFREY T. SMITH, Administrative Patent Judge.
REMAND TO THE EXAMINER
Upon careful review of the record in this appeal, we determine that this
application is not in condition for a decision at this time. Accordingly pursuant to our
authority under 37 CFR § 41.50(a)(1)(2004), we remand this application to the
jurisdiction of the Examiner for an action consistent with our remarks below.
In the answer, the Examiner maintains a 35 U.S.C. § 103(a)
rejection of appealed claims 1 to 9, 11 and 24 over Gluckstein, U.S. Patent No.
3,313,598, Liebhafsky, U.S. Patent No. 3,098,769, and Spinner, U.S. Patent No.
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