The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 PHUNONG VAN LUU, DAVID W. WHITE, JACOB H. PROPP, and BRIAN J. SCHUH __________ Appeal No. 2006-1222 Application No. 10/141,442 __________ ON BRIEF __________ Before ADAMS, MILLS and GREEN, Administrative Patent Judges. ADAMS, Administrative Patent Judge. VACATUR and REMAND TO THE EXAMINER On consideration of the record we find this case is not in condition for a decision on appeal. For the reasons that follow, we vacate1 the pending rejections and remand the application to the examiner to consider the following issues and to take appropriate action. 1 Lest there be any misunderstanding, the term “vacate” in this context means to set aside or to void. When the Board vacates an examiner’s rejection, the rejection is set aside and no longer exists.Page: 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007