Ex Parte Jewell et al - 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            written for publication and is not binding precedent of the Board.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 A. JEWELL and JULIE A. REIMER                     
                                                                                     
                                Appeal No. 2006-2357                                  
                             Application No. 10/666,262                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     
          Before KIMLIN, PAK and WARREN, Administrative Patent Judges.                
          KIMLIN, Administrative Patent Judge.                                        

                               REMAND TO THE EXAMINER                                 
               At page 2 of appellants’ brief, appellants state that                  
          “[t]his Appeal is related to the Appeal in Application No.                  
          10/228,815, filed August 27, 2002.”  The related application was            
          remanded to the examiner for consideration of specification data            
          that appellants rely upon for demonstrating unexpected results              
          (Appeal No. 2006-1073, remanded March 29, 2006).  The examiner’s            
          answer in the related appeal did not provide a discussion or                
          rebuttal of the specification data.  Likewise, in the present               
          appeal, appellants rely upon specification data that is not                 

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