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today was not written for publication and is not binding
precedent of the Board.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
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Ex parte YOSHITOMO MASUDA, GAKU YAKUSHIJI,
TAKAO OHUCHI and HAJIME KITANO
______________
Appeal No. 2006-1580
Application 10/112,743
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ON BRIEF
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Before WARREN, TIMM and JEFFREY T. SMITH, 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 CFR §41.50(a)(1) (2005); Manual of Patent Examining Procedure
(MPEP) § 1211 (8th ed., Rev. 3, August 2005).
The record shows that the examiner rejected appealed claim 4 under 35 U.S.C. § 103(a)
as being unpatentable over Yasuda et al. (Yasuda) in the final action mailed October 1, 2004
(page 4), and maintained this ground of rejection in the answer mailed December 15, 2005
(pages 4-5).
Appellants state in the brief that the present appeal includes appealed claim 4 (page 4),
but do not include the above ground of rejection under 35 U.S.C. § 103(a) with the ground of
rejection of claims 1, 4 and 8 through 11 under 35 U.S.C. § 102(b) as anticipated by Yasuda
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Last modified: November 3, 2007