Ex Parte Hartzell - Page 4



         Appeal No. 2006-1712                                                  
         Application No. 10/131,551                                            

         supported statement by one skilled in the relevant art with           
         respect to what was not obvious to him/her.  In re Grunwell,          
         609 F.2d 486, 491, 203 USPQ 1055, 1059 (CCPA 1979).                   
             This remand to the examiner pursuant to 37 CFR § 41.50(a)(1),     
         effective September 13, 2004, 69 Fed. Reg. 49960 (August 12,          
         2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)) is made     
         for further consideration of a rejection.  Accordingly, 37 CFR        
         § 41.50(a)(2) applies if a Supplemental Examiner's Answer is          
         written in response to this remand by the Board.                      
                                       REMANDED                                

                       EDWARD C. KIMLIN )                                      
                       Administrative Patent Judge )                           
                                                   )                           
                                                   )                           
                                                   )                           
                       THOMAS A. WALTZ ) BOARD OF PATENT                       
                       Administrative Patent Judge )   APPEALS AND             
                                                   )  INTERFERENCES            
                                                   )                           
                                                   )                           
                       BEVERLY A. FRANKLIN )                                   
                       Administrative Patent Judge )                           
         ECK:clm                                                               




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