Ex Parte Colvin 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                              for publication and is not binding precedent of the Board.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 HOWARD ALLEN COLVIN                                                           
                                                   and SUN LIN CHEN                                                            
                                                     ______________                                                            
                                                    Appeal 2006-2432                                                           
                                                 Application 10/021,200                                                        
                                                 Technology Center 1700                                                        
                                                    _______________                                                            
                                             Decided:  September 28, 2006                                                      
                                                    _______________                                                            
                  Before GARRIS, WARREN, and KRATZ, Administrative Patent Judges.                                              
                  WARREN, Administrative Patent Judge.                                                                         
                                           REMAND TO THE EXAMINER                                                              
                          We remand the application to the Examiner for consideration and                                      
                  explanation of issues raised by the record.  37 C.F.R. §41.50(a)(1) (2005);                                  
                  Manual of Patent Examining Procedure (MPEP) § 1211 (8th ed., Rev. 3,                                         
                  August 2005).                                                                                                
                          Appellants contend that Appellant Chen filed a affidavit under                                       
                  37 C.F.R. § 1.131 (2003) on October 13, 2003, which removed                                                  







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