Ex Parte Wolk et al - 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                              publication and is not binding precedent of the Board.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 MARTIN B. WOLK,                                                                             
                                                  JAMES G. BENTSEN,                                                                               
                                                  RALPH R. ROBERTS,                                                                               
                                                 JOHN S. STARAL AND                                                                               
                                                       YINGBO LIN                                                                                 
                                                     ____________                                                                                 
                                                Appeal No. 2006-1510                                                                              
                                           Application No. 10/414,066                                                                             
                                                     ____________                                                                                 
                                                        ON BRIEF                                                                                  
                                                     ____________                                                                                 
              Before WARREN, KRATZ and JEFFREY T. SMITH, Administrative Patent                                                                    
              Judges.                                                                                                                             
              KRATZ, Administrative Patent Judge.                                                                                                 

                                             REMAND TO THE EXAMINER                                                                               
                     Upon a careful review of the record in this appeal, we determine that this                                                   
              application is not in condition for a decision at this time.  Accordingly, pursuant to our                                          
              authority under 37 CFR § 41.50(a)(1)(effective Sept. 13, 2004; 69 Fed. Reg. 49960                                                   
              (Aug. 12, 2004); 1286 Off. Gaz. Pat. Office 21 (Sept. 7, 2004)), we remand this                                                     
              application to the jurisdiction of the examiner for action consistent with our remarks                                              
              below.                                                                                                                              
                                                                                                                                                 


















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