The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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.Page: 1 2 3 4 5 6 NextLast modified: November 3, 2007