Ex Parte Nagaraj et al - Page 1



             The opinion in support of the decision being entered today was                           
             not written for publication in a law journal and is not binding                          
                                     precedent of the Board.                                          

                          UNITED STATES PATENT AND TRADEMARK OFFICE                                   
                                           ────────────                                               
                              BEFORE THE BOARD OF PATENT APPEALS                                      
                                        AND INTERFERENCES                                             
                                           ────────────                                               
                            Ex parte BANGALORE ASWATHA NAGARAJ and                                    
                                          IRENE SPITSBERG                                             
                                           ────────────                                               
                                       Appeal No. 2006-1631                                           
                                   Application No. 10/317,759                                         
                                           ────────────                                               
                                              ON BRIEF                                                
                                           ────────────                                               
            Before KIMLIN, GARRIS, and WALTZ, Administrative Patent Judges.                           
            GARRIS, Administrative Patent Judge.                                                      

                                     REMAND TO THE EXAMINER                                           
                 Upon review of the image file wrapper record for this                                
            application, we determine that this appeal is not ready for                               
            decision at this time.  Accordingly, pursuant to the authority                            
            and provisions of 37 CFR § 41.50(a)(1)(2004), we remand this                              
            application to the jurisdiction of the examiner for action                                
            consistent with our comments below.                                                       
                 This application involves an appeal under 35 U.S.C. § 134                            
            from the primary examiner’s final rejection of claims 3-10,                               
            13-23, and 26-37 (Brief, page 1). There are two rejections under                          
            35 U.S.C. § 103(a) that have been appealed by appellants, both                            





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