rm061827 - 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               written for publication and is not binding precedent of the Board.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 DANA C. BOOKBINDER                               
        10                            __________                                       
                                Appeal No.  2006-1827                                  
                             Application No.  09/941,3831                              
                                      __________                                       
                                       ON BRIEF                                        
                                      __________                                       
            Before McQUADE, MARTIN, and GRON, Administrative Patent                    
        20  Judges.                                                                    
            GRON, Administrative Patent Judge.                                         
                                        REMAND                                         
                 This case is an appeal under 35 U.S.C. § 134 from the                 
            examiner’s final rejections of Claims 1-12, 38-43, 47 and                  
            48.                                                                        
                 A significant reference relied upon by the examiner in                
            support of the rejections is Japanese Patent Publication                   
        30  No. 2000-44269, published Feb. 15, 2000 (hereafter Japan),                 
            which is prior art under 35 U.S.C. § 102(b).  The reference                
            has not been translated into English.  We remand.                          
                                 GROUNDS OF REJECTION                                  
                 Claims 1-12, 38-43, 47 and 48 stand rejected under                    
            35 U.S.C. § 103 as being unpatentable in view of Japan and                 
                                                                                       
            1 Filing date:  August 28, 2001                                            




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