The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 1Page: 1 2 NextLast modified: November 3, 2007