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for publication and is not binding precedent of the Board.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 KEVIN A. MCCULLOUGH
______________
Appeal 2006-1502
Application 10/288,027
Technology Center 3700
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Decided: October 27, 2006
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Before GARRIS, WARREN, and GAUDETTE, Administrative Patent
Judges.
WARREN, Administrative Patent Judge.
REMAND TO THE EXAMINER
We remand the application to the Examiner for consideration and
explanation of issues raised by the record. 37 C.F.R. §41.50(a)(1) (2006);
Manual of Patent Examining Procedure (MPEP) § 1211 (8th ed., Rev. 3,
August 2005).
The record shows that Appellant amended independent claim 7 in the
Amendment filed July 26, 2004. The Examiner rejected claim 7 and
dependent claim 8 under 35 U.S.C. § 112, first paragraph, as failing to
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