Ex Parte Nguyen 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                            for publication and is not binding precedent of the Board.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 KHUY V. NGUYEN                                                        
                                              DONALD K. SIMMONS                                                           
                                    RONALD W. CALL and SHAWN E. HUX                                                       
                                                    ____________                                                          
                                                  Appeal 2006-0868                                                        
                                               Application 10/005,846                                                     
                                               Technology Center 1700                                                     
                                                   _____________                                                          
                                             Decided: September 8, 2006                                                   
                                                   _____________                                                          
                 Before WARREN, TIMM, and FRANKLIN, Administrative Patent Judges.                                         
                 FRANKLIN, Administrative Patent Judge.                                                                   
                                  ORDER REMANDING TO THE EXAMINER                                                         
                         A review of the record presently before us leads us to conclude that                             
                 this case is not in condition for a decision on appeal.  Accordingly, we                                 
                 remand the Application to the Examiner, via the Office of a Director of the                              
                 involved Technology Center, to consider the following issues and to take                                 
                 action not inconsistent with the views expressed herein.                                                 







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