Ex Parte Feldmann - 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                                  for publication and is not binding precedent of the Board.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 RICHARD J. FELDMANN                                                  
                                                     __________                                                        
                                               Appeal No. 2006-2194                                                    
                                             Application No. 09/866,925                                                
                                                     __________                                                        
                                                     ON BRIEF                                                          
                                                     __________                                                        
                 Before ADAMS, GREEN, and LEBOVITZ, Administrative Patent Judges.                                      
                 GREEN, Administrative Patent Judge.                                                                   

                                  VACATUR AND REMAND TO THE EXAMINER                                                   

                        On consideration of the record, we find that this case is not susceptible to                   
                 meaningful review and is thus not in condition for a decision on appeal.                              
                 Accordingly, we vacate the pending rejections and remand the application to the                       
                 examiner to consider the issues discussed herein and take appropriate action not                      
                 inconsistent with the views expressed herein.  Lest there be any                                      
                 misunderstanding, the term “vacate” in this context means to set aside or void.                       
                 When the Board vacates an examiner’s rejection, the rejection is set aside and                        








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