Ex Parte Fukuoka 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                                  written for publication and is not binding precedent of the Board.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 HIROFUMI FUKUOKA, SATORU MIYAWAKI,                                             
                                        KAZUMA MOMII, MIKIO ARAMATA                                                    
                                                 and SUSUMU UENO                                                       
                                               ________________________                                                
                                                Appeal No. 2006-1122                                                   
                                              Application No. 10/237,089                                               
                                               ________________________                                                
                                                  Heard: May 9, 2006                                                   
                                               ____________________                                                    

             Before Kratz, Timm, and Jeffrey T. Smith, Administrative Patent Judges.                                   
             Timm, Administrative Patent Judge.                                                                        

                                            REMAND 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.                                             
                     The Examiner maintains only one rejection on appeal, the rejection of claims 1-14 and 16-20       
             under 35 U.S.C. § 103(a) as being unpatentable over JP 2001-185,125 (Sakashita) in view of US             
             6,383,686 (Umeno).  With regard to the Japanese document, the Examiner relies upon a translation          
             generated by computer.                                                                                    







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