Ex Parte McCullough - 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                              for publication and is not binding precedent of the Board.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 KEVIN A. MCCULLOUGH                                                           
                                                     ______________                                                             
                                                    Appeal 2006-1502                                                            
                                                  Application 10/288,027                                                        
                                                 Technology Center 3700                                                         
                                                    _______________                                                             
                                                Decided: October 27, 2006                                                       
                                                    _______________                                                             
                  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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