Ex Parte Temple et al - Page 3

         Appeal No. 2006-1357                                                       
         Application No. 09/754,486                                                 

              Accordingly, based on the foregoing, the present                      
         application is remanded to the examiner.                                   
              This remand to the examiner pursuant to 37 CFR § 41.50(a)             
         (1)(effective Sept. 13, 2004, 69 Fed. Reg. 49960 (August 12,               
         2004), 1286 Off. Gaz. Off. Pat. Office 21 (Sept. 7, 2004)) is              
         made for further consideration of a rejection.  Accordingly,               
         37 CFR § 41.50(a)(2) applied if a supplemental examiner’s answer           
         is written in response to this remand by the Board.                        



                   Edward C. Kimlin   )                                             
                   Administrative Patent Judge )                                    
                                                 )                                  
                                                 )                                  
                                                 ) BOARD OF PATENT                  
                   Peter F. Kratz    )   APPEALS AND                                
                   Administrative Patent Judge )  INTERFERENCES                     
                                                 )                                  
                                                 )                                  
                                                 )                                  
                   Catherine Timm    )                                              
                   Administrative Patent Judge )                                    


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