Ex Parte 6014634 et al - Page 6

               Appeal No.  2006-1585                                                                      6                        
               Reexamination Control No.  90/005,888                                                                               
                                                                                                                                  
               in fact belies, any notion that the patent owner had a right to appeal to this Board from                           
               the non-final Office action.                                                                                        
                       We are therefore constrained to conclude that this Board lacks jurisdiction under 35                        
               U.S.C. § 134(b) to hear the patent owner’s appeal, essentially because claims 1-49 are not under                    
               final rejection.  Accordingly, the appeal is dismissed and the reexamination proceeding is                          
               remanded to the examiner for further action consistent with USPTO practice.                                         

                                                DISMISSED and REMANDED                                                             








                              JOHN P. McQUADE    )                                                                                 
                              Administrative Patent Judge   )                                                                      
                                                                             )                                                     
                                                                             )                                                     
                                                                             ) BOARD OF PATENT                                     
                              RICHARD E. SCHAFER   )     APPEALS                                                                   
                              Administrative Patent Judge   )       AND                                                            
                                                                             )  INTERFERENCES                                      
                                                                             )                                                     
                                                                             )                                                     
                              LEE E. BARRETT    )                                                                                  
                              Administrative Patent Judge   )                                                                      


               JPM/lp                                                                                                              










Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November  3, 2007