Ex Parte Weaver - 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                         is not binding precedent of the Board.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 SAMUEL C. WEAVER                               
          _____________                                                               
                                Appeal No. 2006-1321                                  
                             Application No. 09/838,866                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before FRANKFORT, OWENS and LEVY, Administrative Patent Judges.             
          FRANKFORT, Administrative Patent Judge.                                     

                               REMAND TO THE EXAMINER                                 
          The above identified application is being remanded to the                   
          examiner under the authority of 37 CFR § 41.50(a)(1) for                    
          appropriate action with regard to the items listed below.                   
          In the final rejection mailed November 21, 2003 claims 1                    
          through 16 were rejected under 35 U.S.C. § 103(a) as being                  
          unpatentable over Eom et al. (U.S. Patent No. 5,344,608) in view            
          of Weaver (U.S. Patent No. 5,573,607). The Notice of Appeal filed           
          May 19, 2004 indicates appellant’s intention to appeal from the             
          examiner’s final rejection of claims 1 through 16.                          




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