Ex Parte Burns 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                         for publication and is not binding precedent of the Board.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 STEVEN M. BURNS and RICHARD W. VARSELL                                       
                                               ____________                                                  
                                             Appeal 2006-2465                                                
                                          Application 10/266,052                                             
                                          Technology Center 1700                                             
                                               ____________                                                  
                                      Decided:  September 29, 2006                                           
                                               ____________                                                  
                Before  WARREN, KRATZ, and JEFFREY T. SMITH, Administrative                                  
                Patent Judges.                                                                               
                JEFFREY T. SMITH, Administrative Patent Judge.                                               

                     COMBINED ORDER REMANDING TO THE EXAMINER and                                            
                                  ORDER UNDER 37 CFR § 41.50(d)(1)                                           
                      Appellants appeal the Examiner’s final rejection of claims 1, 3 to 10,                 
                and 23 to 29.  Because the issues are not ripe for appeal, we remand this                    
                application to the Examiner.                                                                 
                      We order both the Examiner and the Appellants to take appropriate                      
                action consistent with the views expressed below.  We return this application                
                to the Examiner’s jurisdiction for purposes of properly interpreting the                     






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