Ex Parte Billhartz - 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            written for publication and is not binding precedent of the Board.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 THOMAS JAY BILLHARTZ                                           
                                              __________                                                  
                                        Appeal No. 2006-2434                                              
                                    Application No. 10/197,148                                            
                                              ___________                                                 
                                                ON BRIEF                                                  
                                              ___________                                                 
            Before THOMAS, HAIRSTON, and HOMERE, Administrative Patent                                    
            Judges.                                                                                       
            HOMERE, Administrative Patent Judge.                                                          


                                         REMAND TO EXAMINER                                               
                  This is a remand of the appeal under 35 U.S.C. § 134 from                               
            the final rejection of claims 1 through 4, 6 through 24, 26, 27,                              
            29 through 34 and 36 through 42 in accordance with 37 CFR                                     
            § 41.50(a)(1). After considering the record before us, we are                                 
            convinced that the instant appeal is not ready for a meaningful                               
            review.  Accordingly, we hereby remand the application to the                                 
            Examiner to consider the following issue, and to take appropriate                             
            action.                                                                                       





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