Ex Parte Jennings - 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                             for publication and is not binding precedent of the Board.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 DOUGLAS M. JENNINGS                                                 
                                                    __________                                                       
                                               Appeal No. 2006-1974                                                  
                                         Application 09/696,458                                                      
                                                   __________                                                        
                                             Remand to the Examiner                                                  
                                                    __________                                                       


                    This application was electronically received in at the Board of Patent Appeals                   
             and Interferences (BPAI) on February 6, 2006.  A Docketing Notice was mistakenly                        
             mailed and an Appeal Number assigned on May 15, 2006.                                                   
                    A review of the application has revealed that an Information Disclosure                          
             Statement (IDS) was scanned into the electronic file and available for viewing by the                   
             Board of Patent Appeals and Interferences on May 5, 2006.  It is not apparent from the                  
             record that the examiner has considered the statement submitted nor notified applicant                  
             of why the submission did not meet the criteria set forth in 37 CFR §§ 1.97 and 1.98.                   






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